HomeMy WebLinkAbout7 West Reed Drainage Agenda Item # 7
. � �� DONNER
Public Utility iy �District� I liw
Memorandum
To: Board of Directors
From: Neil Kaufman
Date: February 28, 2007
Subject: Drainage Issues Along West Reed Avenue
1. Why this matter is before the board:
During the Public Input Item at the February 21, Board meeting, Mr. Jack Kashtan made a
number of remarks regarding drainage problems along West Reed Avenue.
2. History:
West Reed Avenue was created in 1924 as part of the Greenpoint Subdivision. The subdivision map
shows a roadway 25' in width with parcels on either side of the roadway. There is an existing paved
road about 12'wide within the roadway parcel. The West Reed area has experienced problems with
drainage and inadequate maintenance of existing drainage facilities for a number of years, dating
well before the District took over the Donner lake Water System.
In 2000, the Town of Truckee was approached by property owners along West Reed Avenue. The
Town Council agreed to assist the property owners in creating an assessment district (or similar
mechanism) to address drainage and roadway maintenance problems along West Reed Avenue
(See Attached Town Staff Report from 9-6-01). The Town subsequently paid about $50,000 for a
drainage study, topographic surveys and design drawings for planned improvements along West
Reed Avenue. The design drawings were prepared by Shaw Engineering of Reno.
The property owners along West Reed could not agree to form an assessment district as
recommended by the Town. On May 1, 2003, the Town of Truckee Town Council determined that
the Town of Truckee does not own the road and would not pay for the drainage improvements (See
Attached Town Minutes from 5-1-03). To date, none of the improvements in the Shaw Engineering
project have been constructed.
In 2002, Northern Pipeline (a subsidiary of Southwest Gas) installed main line water and gas piping
along West Reed Avenue. Southwest Gas (SWG) was the lead agency on this project and the
District paid SWG for installation of the pipe. District inspectors observed the installation of the water
pipeline. The District was not involved with the pavement restoration and final grading along West
Reed as part of the 2002 project. This information has been conveyed to the Kashtan's on a number
of occasions. The Kashtan's have claimed that this project altered drainage and removed ditches
along West Reed Avenue. I do not believe this to be the case. However, the District was not
responsible to restore drainage and District inspectors did not pay close attention to the issue. The
water and gas piping was lowered at certain locations along West reed Avenue to accommodate the
proposed drainage improvements in the Shaw Engineering design.
In 2004, the District installed new service laterals and meter boxes along West Reed Avenue as part
of the Installation of Services for the North Shore of Donner Lake— Contract A project. Also in
2004, the District constructed a pipeline across property owned by Robert Montano above West
Reed Avenue. A connecting pipe and pressure reducing stations was installed from this pipeline to
the pipe installed in 2002 by SWG.
In 2005, the District installed about 75 feet of conduit along West Reed Avenue and installed four
new services by sliplining an old 6-inch pipe.
During the Christmas-New Year's Holiday of 2005/2006,West Reed Avenue experienced significant
problems related to a large rainfall event. This is the same storm that flooded the District warehouse.
Along West Reed, drainage culverts were clogged with debris and areas of pavement were
damaged. Immediately after the storm,the District repaired the damage to water facilities along West
Reed. The District also performed some erosion control work along Mr. Montano's property later that
Summer.
Over the course of 2003, 2004, 2005 and 2006 District crews and contractors (at the direction of the
General Manager) have performed minor work along West Reed Avenue such as clearing material
from and deepening drainage ditches. In response to continued complaints from the Kashtan's, the
General Manager asked Inland Ecosystems to prepare a report regarding runoff and drainage issues
along West Reed Avenue. A copy of that report is attached.
During the Summer of 2006, 1 was contacted by Caltrans regarding repairs to a culvert that runs
downhill from 1-80 just west of the District's Greenpoint Springs property. This culvert is in poor
condition and does not properly convey water from the highway. Caltrans stated its intent to
repair/replace the pipe. I provided Caltrans with a map showing property ownership in the area. I
told Caltrans that they needed to contact Mr. Montano and Mr. Norman Nash regarding access in
order to perform the culvert repairs. I strongly suggested that Caltrans coordinate the repairs with
downstream property owners in to ensure that they are not impacted.
3. New information:
On numerous occasions, the Kashtan's and a few other property owners along West Reed Avenue
have complained to the District regarding drainage on West Reed. The Kashtan's have also made a
number of false claims regarding the impact of work performed by the District on wetlands.
The District did not cause the drainage problems along West Reed Avenue and did not worsen them
by District construction projects in 2004 and 2005. The District has volunteered on a number of
occasions to help the property owners establish/construct some drainage improvements along West
Reed Avenue. The level of assistance has not been quantified. However, this assistance has been
conditioned upon the property owners developing a permanent mechanism whereby the drainage
facilities along West Reed will be periodically maintained. To date, the property owners have been
unable (or unwilling)to address the issue of ongoing maintenance.
4. Recommendation:
There is no recommendation. The information herein has been provided in response to Mr.
Kashtan's comments at the February 21 meeting.
Attachments:
Inland Ecosystems Study
Town of Truckee Staff Report
Town of Truckee Town Council Minutes
9 . I
TOW1M OF
4eo
DATE: Memo Prepared 8-31-01 ,
Meeting Date - 9-6-01 4
TO: Honorable Mayor&Councilmembers n /
FROM: Daniel P. Wilkins,Public Works Director/Town Engineer t! W
RE: West Reed Avenue Drainage and Roadway Engineering
AGENDA ITEM: APPROVED BY:
Stephen L. Wright,Town Manager
RECOMMENDATION: That the Council direct staff to engage a consultant for the purposes of preparing
engineering documents for the potential formation of a West Reed Avenue Assessment District,provided that
the West Reed Avenue Homeowners provide a cash security for reimbursement of 100 percent of the cost of
the engineering services.
DISCUSSION:
At a regularly scheduled Truckee Town Council Meeting held in October of the year 2000,Council directed
staff to provide limited assistance to homeowner's representatives of the West Reed Avenue Subdivision. The
nature of that assistance was to provide information relevant to the formation of roadway maintenance and
improvement funding mechanisms for West Reed Avenue. Since that time, staff has met on a number of
occasions with homeowners representatives, as well as performed an assessment of drainage and roadway
conditions on West Reed Avenue.
To provide Council with additional background information relative to this issue, staff would offer the
following information:
West Reed Avenue Ownership and Maintenance Responsibility
The Greenpoint (West Reed Avenue) Subdivision was recorded in 1924 by the Donner Lake Company at
which time it was considered by the County Surveyor and Assessor as being`valuable for Summer Residences
and camp sites". At that time a 25 foot wide right-of-way,now known as West Reed Avenue was offered for
dedication to Nevada County. That right-of-way was then "dedicated" as a public highway by the County
Board of Supervisor's. At the time that the Town incorporated, the roadway was not being formally
maintained by Nevada County. It is not known whether the roadway was, at any point in the past, formally
maintained by the County. At the time of incorporation, the Town did not identify this as a publicly
maintained roadway. Since that time, the Town has performed neither maintenance nor encroachment
inspection functions on this section of roadway. Winter snow removal is accomplished through private party
contracts with snow removal operators,and Summer maintenance activity is mainly non-existent. The West
Reed Avenue roadway drainage,structural section,width,and right-of-way width are currently substandard.
West Reed Avenue Homeowners Organization
payments and for ongoing maintenance expenses.
Homeowners Representatives Request for Further Town Involvement
The above information was provided to Marty Woods and Brad Mills,as the West Reed Avenue homeowner's
representatives during the Fall and early Winter of 2000. At that time, they indicated that they believed
support for a West Reed Avenue Assessment District could be formed with the other property owners. They
also indicated that,in their opinion,the formation of a Road Maintenance Association would not be feasible
due to a potential lack of voluntary cooperation by a number of the homeowners,and due to concerns over the
long term ability to effectuate monetary collections from delinquent property owners. Based upon this
information,staff advised the homeowners representatives that if they wished to pursue an assessment district,
the first step would be to determine whether or not there was a level of conceptual support for this district
among the other 88 property owner's representatives.
Staff also advised that in order to prepare a fair share funding allocation among the 90 individual property
owners would require that the total scope of project improvements and cost estimates be defined through the
development of a drainage study and set of improvement plans. At that point,the homeowners representatives
performed a polling of neighborhood residents to explore the possibility of forming an assessment district.
From that polling, approximately 2/3 of the property owners indicated conceptual support for some form of
road assessment district.
The polling which occurred,however,did not identify potential assessment amounts for the individual property
owners which is a critical piece of information. This was through no fault of the homeowners representatives,
as a clear scope of work has not yet been identified for the project. In order for this to occur would require an
engineering analysis of the necessary improvements in the area. At that point,the homeowner's representatives
agreed to acquire bids from area engineering firms in order to determine costs for engineering services which
would define the project scope and cost estimates.The last of these bids were received in July of this year. The
7,000. Upon receipt of the last of the bids, the homeowner's
bids range from approximately$32,000 to $3
representatives requested that the Town fund this engineering effort with an understanding that these costs
would be reimbursed as a part of the assessment district, if an assessment district is subsequently formed.
However,if the assessment district is not formed,there is a strong possibility that the engineering costs would
not be reimbursed to the Town unless some form of funding security is required from the homeowner's prior to
the Town expending these funds.
Prior to proceeding further in this process,or expending additional Town staff or monetary resources,staff is
requesting fundamental policy direction from the Town Council on the following issues:
1. Is it appropriate for the Town to sponsor a special assessment district for what is currently a privately
maintained road (West Reed Avenue)?
2. If the answer to question number 1 is yes,what should be the Town's role in this process? On one end
of the spectrum,the Town's role could be to use its legislative authority to create the opportunity for
the district to be formed. Under this scenario, coordinating the logistics of the district formation
would be the responsibility of the district proponents. The other end of the spectrum would be for t:"e
Town to perform all coordination and provide all funding necessary to create an assessment district,
recognizing that this may be a sunk expense if the district is not ultimately approved by the property
owners. Under this scenario,the Town would need to budget staff time, and monetary resources in
order to create an assessment district proposal that would include engineering, determination of fair
share assessment amounts, coordination of balloting, etc.
Given the fact that Council directed staff during the fall of last year to assist the West Reed Avenue Property
Owners representatives in initiating the above process,staff has assumed that the Town Council is willing to
utilize its legislative authority in assisting in the formation of assessment districts. However, since this a
relatively new issue to the Town, staff is unclear as to the level of monetary involvement and/or risk that the
Council wishes to incur in this potential district formation.
For the above reasons,staff is recommending that if the Town is to be involved in assessment district formation
West Reed Ave. Road Committee
fi P.O. Box 8370 :
Truckee, CA 96162
I IJ28/2000
Dear Neighbors, -
We have enclosed a petition for you to.sign and return as soon as possible.iThe petition
requests the assistance of the Town of Truckecto help us formal assessment district.
We have been working with the town engineer and attorney to come up with this course of
action. The petitions will show the town we -are serious in our endeavors to begin the
following process:
The town will begin a series of public meetings with us to gather
opinions of what we want to accomplish and how we want to structure the
assessment.
The final plan will be presented to all property owners for a final vote.
When passed, the town's primary role will be to assess all property owners in
accordance with the plan.
During the series of meetings, our decisions will cover:
How to structure the assessment. We can be creative with this to make it fair and
acceptable. (An example of one possibility is that we all
share in the drainage improvement equally but only properties that use West Reed as
primary parking Hind the road replacement, based on
their location along the road.) _ . . .
Whether we want a 5 or 10 year bond to spread out our payments through our
Property tax bills.
Whether we want the town to assist us with construction and maintenance bids.
Whether we want to include snow removal
The town is willing to devote the time to us if we show them we are serious.
PLEASE SIGN THE PETITION to start the process.
Remember that WE WILL ALL VOTE ON A FINAL PLAN.
DeamYmart Heads
Town Council
Tom% or Stephen L Wright,Town Monger
Maia Schneider,Ma)— J.Dennis Crabb,Town AMMY
Thomas E Covey.Public Works
°obert W.Drake Tony lashbro Conem odly Dro dapnsent
amid J.Florian ���_ as Jig R.ObvL Adminittra iw Services
Mc
Donald C Cormmk ��r+are. - �c• Part Osborne.row Qsrk
Joshua Sutmon e+tJ40 reset*• D omiP. Wiliam To—Engnsser
November 29,2000
Mrs. Marty Woods
15104 Donner Pass Road
P.O. Box 8370
Truckee, CA 96162
Subject: Reed Avenue Drainage
Dear Mrs. Woods:
The Engineering Department has completed our review of the Reed Avenue drainage.
Attached is a map with our comments. Please, understand that our comments are only basic
recommendations of how the drainage could be improved. Establishment of a functioning
roadside ditch on the cut slope side of the road, coupled with the sloping.of the roadway
towards the ditch would significantly reduce the amount of standing water on the roadway.
The water in the roadside ditch needs to be conveyed across driveways in properly sized
culverts or as surface flow in properly constructed valley swales.
The upgrade of roadway cross culverts at existing locations and installation of culverts at a
few new locations is recommended. Further engineering should be performed to determine
the proper size of these culverts. In addition, the drainage from these culverts should be
improved all the way to the Donner Pass Road drainage facilities. Proper sizing is important,
whether conveyance occurs in a culvert or in a surface flow drainage ditch. The property
owners between Reed Avenue and Donner Pass Road will need to grant a drainage easement
or permission for construction and maintenance of drainage improvements on their property,
if an existing easement does not exist
Hopefully this provides you with a good starting point towards a drainage plan for Reed
Avenue. If you have any questions or need further clarification of our comments, please feel
free to contact.Michaei Vaughan or myself at(530) 582-7700.
Sincerely,
�&'4 P.
Daniel P. Wilkins, P.E.
Town Engineer
Attachment: Reed Avenue map with drainage comments
10183 Truckee Airport Road,Truckee,CA%161-3306
Administration:530-582-7700/Fax: 530-582-7710/e-mail.trwkee@Iowngf ruckee•com
Community Development: 530-582-7820/Fax: 530-582-7889/e-mail:edd@townallruckee.com
Animal Control/Vehicle Abatement:530-582-7830/Fax: 530-582-7889/e-mail:animalcontrol(i3lownoftruckee.com
r
)fiber 27,2000
Don McCormack,Mayor Truckee " i !,5.;1 ( I Ffl 12= 32
Town Administrative Center
10183 Truckee Airport Road
Truckee,CA 96161
Dear Mr McCormack,
We are writing to oppose the private assessment district being proposed for West Reed
Avenue. We have lived on Donner Pass Road,with West Reed behind us,for 12 years. We paid
an initial voluntary assessment when the road was first paved in 1989 and have paid yearly snow removal fees and
periodic maintenance fees ever since. During that time we have been in the minority of families who have Paid-
we oppose the assessment district primarily because we fear that Donner Pass Road residents who make little
or no use of the road will be asked to subsidize the cost of the road for Reed Ave. residents and for those Donner Pass
Road residents who choose to use Reed as their primary access. All proposed assessment schedules we have been
presented with and all snow removal and maintenance fees we have been presented with in the past have nonusers
paying as much or nearly as much as road users. For example,the current snow removal assessment is$100 for users
and$75 for nonusers. Owners of vacant lots on Reed particularly benefit under the proposed assessment schedules
we have seen,paying low assessments while the value of their property is enhanced by having a well maintained road.
On the other hand,having Reed paved is of no value to us, and snow removal will be of no value once natural gas is
available. We currently pay for snow removal on our primary access on Donner Pass Road We look forward to
increased costs for rebuilding our water system,installing natural gas lines in the near figure,and increased electric
rates. To pay to maintain a road that we don't use or need,is a financial burden that we do not want.
1n addition, for many years we have not seen an accounting of the fiords collected and spent for Reed. While
we have no reason to believe that any money has been inappropriately used we do feel that a yearly accounting with
documentation would have been appropriate. Also, individual residents have altered drainage along Reed to the
detriment of those below them, and individuals' construction work has damaged the road with repairs not being made
by those responsible.
We fear that in a private assessment district nor by road users, who are the organizers of the current initiative,
the interests of nonusers will be unfairly ignored, and that inequitable assessments,inadequate accounting,improper
litigation We
drainage changes,and a lack of individual accountability for damage will continue,most Uely leading to ��y and
could support an assessment district only if it could be run by the Town,with assessments determined imp
engineering and enforcement carried out by the Town. We do not know if such safeguards and an acceptable
arrangement is possible,but experience has shown the potential for abuse in private homeowner associations of the
sort being proposed for West Reed. We ask the Town to see that ab does not happen here.
Sincerely yours,
/ 'Jack and Emilie Kashtan
/ 15234 Donner Pass Road
Truckee,CA 96161
1
i
IOWN OF
�1�JC�E
f
111 ]w srlr
MEETING
DATE: May 1, 2003
TO: Honorable Mayor& Councilmembers
FROM: Daniel P. Wilkins, Public Works Director/Town Engineer 'Ldt,�
Dennis Crabb, Town Attorney
SUBJECT: West Reed Avenue ownership update and conclusions
Approved by:
S ephen . Wright, Town Manager
RECOMMENDATION: Determine that: 1) based upon all presently available evidence,
West Reed Avenue is a private road for which the Town has no responsibility. 2)continue
present offer of assistance for road repairs if a petition signed by 2/3 of the property
owners requesting that assistance is received. 3)continue the Town's commitment to BMP
installation to protect Donner Lake as part of the Donner Pass Road bike lane and
drainage improvement project.
DISCUSSION:
Background
At a regularly scheduled Truckee Town Council Meeting held in October of the year 2000,
Council directed staff to provide limited assistance to homeowner's in the West Reed
Avenue Subdivision. The nature of that assistance was to provide information relevantto
the formation of roadway maintenance and improvement funding mechanisms for West
Reed Avenue. Since that time, staff and Council have met on a number of occasions with
homeowners representatives, to discuss numerous issues relating to maintenance and
drainage on West Reed Avenue.
The public presented information to staff and Council just prior to the February 20, 2003
Council meeting, indicating there may be uncertainties concerning ownership of West
Reed Avenue. During the February 20, 2003 Council meeting Council asked staff to
determine the number of staffing hours that would be required to research the ownership of
-1-
West Reed Avenue. At the March 30, 2003 Council meeting Staff indicated that they
would be able to discuss the ownership issue by the end of April. The following represents
a summary of that information.
Previously Reported Information
The Greenpoint (West Reed Avenue) Subdivision was recorded in 1924 by the Donner
Lake Company at which time it was considered by the County Surveyor and Assessor as
being "valuable for Summer Residences and camp sites". At that time a 25 foot wide
right-of-way, now known as West Reed Avenue was offered for dedication to Nevada
County. That right-of-way was then"dedicated"as a public highway by the County Board
of Supervisor's on the subdivision map. The map does not indicate for what purpose the
road was "dedicated". Absent this information, staff has reviewed past maintenance
practice on West Reed Avenue. All available information indicates that at the time that the
Town incorporated,the roadway was not being maintained by Nevada County. Nor is there
any evidence that the roadway was, at any point in the past, maintained by the County.
Discussions with Town Public Works staff, who worked for Nevada County prior to Town
incorporation, has also identified that in their experience,which dates to twelve years prior
to Town incorporation, Nevada County did not maintain this road.
Staff has also reviewed the Nevada County maintained mileage report and road inventory
that was in place during 1991. This identifies West Reed Avenue as a non-county
maintained rural road. At the time of incorporation, nothing in the LAFCO incorporation
process identified West Reed Avenue as a public road. Since that time, the Town has
performed neither maintenance nor encroachment inspection functions on this section of
roadway. The Town has begun performing driveway inspections associated with new
construction on properties adjoining private roads, including West Reed Avenue within the
last two years. Winter snow removal is accomplished through private party contracts with
snow removal operators. The West Reed Avenue roadway drainage, structural section,
width, and right-of-way width do not meet Town standards.
Additional Information
The right-of-way on the existing Green Point Subdivision Map from 1924 does not show a
legal connection to Donner Pass Road. In order to legally access Green Point subdivision
from the Donner Pass Road right-of-way an easement or right-of-way would have been
required across what is now the Donner Pines West, Unit 1 Condominiums property. No
such easement is shown on the 1960 Caltrans Highway 37 improvement plans nor on the
Donner Pines West subdivision map (See the attached maps). A brief check of the Donner
Pines West Condominium project, which was established in 1973, indicates that West
Reed Avenue crosses the Donner Pines West Condominium project property and that the
West Reed Avenue right-of-way was offered to Nevada County, but never accepted.
Therefore at the time the Donner Pines West condo project subdivision map was
processed the access to West Reed Avenue from Donner Pass Road was a private
right-of-way in which the County had no legal right to pass. The Town, at incorporation,
-2-
took only those rights the County possessed, and therefore has no legal access to Reed
Avenue. Whatever prescriptive rights the adjoining owners may posses are for them to
assert, they do not accrue to the Town.
The report received from Emily Kashtan cites several Nevada County Resolutions that may
have information relating to the ownership of West Reed Avenue. Nevada County
Resolution numbers 58-18, 73-34 and 80-158 (attached)discuss the West Reed Avenue
area.
$ Resolution number 58-18 indicates that Nevada County had 461.93 miles of
maintained roadways. The resolution references a map showing what the
maintained roads were, however Nevada County Recorders office is unable
to find the associated map.
$ Resolution number 73-34 states that a County Services area number 6 was
set up to pay for snow removal in areas of the Biltz tract. Thus indicating
there was no County Maintenance in that area.
$ Resolution number 80-158 creates County Service Area No. 8 for the
purpose of road maintenance, snow removal etc.for other areas of the Biltz
tract. Again indicating that the County had no maintenance for that area.
$ Resolution number 6287 indicates that any road that was accepted by
Nevada County by deed subsequent to the 1955 amendment to the streets
and highways code were intended to be accepted into the county road
system. This only pertains to roads that were accepted subsequent to 1955.
There is no evidence that West Reed was ever accepted.
A 1991 list of roads within Nevada County shows West Reed Avenue as"NR"non-County
rural roadway. At the time of incorporation the Town accepted only County roads for
maintenance. Therefore the Town never accepted any responsibility for West Reed as it
was listed as a non-County road.
Comments on the report dated February 20 2003 by Emily Kashtan
Staff has had an opportunity to review the Information presented to the Council and Staff
just prior to the February 20,2003 Council meeting. While the report is quite thorough,the
conclusions that the report reached is not supported by the facts. The major areas of
disagreement are:
a. Dedication is not the same thing as acceptance - see Town Attorney
comments below.
b. Resolutions 58-18, 6287, 73-34, and 80-158 from the Nevada County
archives indicate that West Reed Avenue was offered for dedication. There
is no record of acceptance in any way.
G. Because the Town of Truckee did not specifically exclude West Reed
Avenue at the time of incorporation does not mean that it became a Town
responsibility. In fact, the contrary is true. Since West Reed was not
-3-
included in the County system and LAFCO approval it was excluded as a
Town responsibility.
d. The Town has several roads that it maintains that have less than 12' lanes.
Nevada County was maintaining them at the time of incorporation and the
Town was required by law to assume the responsibility. That was not the
case with West Reed Avenue.
e. Drainage that existed at the time of incorporation is not the Town's
responsibility. That responsibility remains with the creator of the condition .
The Town may become responsible if it alters the existing condition(s).
Typically an upstream owner is allowed to pass water to the downstream
property providing they do not increase the flows from their historical
volumes or drainage courses.
f. Dulzura Avenue is not listed as a maintained road on the Nevada County
Road Maintenance List. However, at the time of incorporation Dulzura was
included in a county service area that paid extra for maintenance and snow
removal. Maintenance of those roads within the CSA was transferred to the
Town as part of incorporation, as were the assessments to pay the cost of
the maintenance.
In summary the available evidence indicates the following:
A. West Reed Avenue was dedicated by map to Nevada County. There is no
evidence the street was ever accepted or that the extent of the dedication
was ever determined.
B. Neither Nevada County or the Town ever maintained West Reed Avenue.
C. There is no legal access to West Reed Avenue, given that the right of way
dedication necessary to that access was never accepted by Nevada County
when the adjoining condominiums were built.
D. West Reed Avenue does not and cannot reasonably meet Town standards
for acceptance or maintenance without a major reconstruction.
E. Other substandard roads which the Town now owns or maintains are
different then West Reed Avenue and the Town was required to assume
those obligations as a result of the incorporation process.
F. Nothing in the incorporation process required the acceptance or
maintenance of West Reed Avenue.
G. Possible liability for drainage, if any, in the area accrues to whoever created
the drainage condition, not the Town.
-4-
Town Attorney Comments
The property owners who have expressed concern that the Town is responsible for
maintenance of West Reed Avenue have made several arguments. Based upon the
available facts, none of those arguments withstand analysis.
As was previously discussed with the Council the only way a definitive legal opinion can be
rendered is by conducting a comprehensive record research and interviews. There is no
evidence of Town ownership or control sufficient to justify that expense to the Town.
That being said, my comments on the arguments made by the opposing property owners
are:
1. Assertion-Dedication on the Subdivision Map means that West Reed Avenue is a
Town responsibility since it was never abandoned.
Response -Legally, dedication, and acceptance are two different things. The
history of these concepts under California law are somewhat complex, but may be
summarized as follows:
Prior to 1955 the means by which counties accepted roads was not legislatively
specified. In 1954 in the case of Union Transportation Cc v.Sacramento County 42
Cal 3234, 267 P2d10 the 3d District Court of Appeals held that, in the absence of
specific legislation, counties could be found to have accepted roads by conduct.
That is, they intentionally took steps to maintain the road even through no formal
acceptance had occurred.
After that case was decided and in response, a bill was passed by the California
Legislature enacting Streets and Highway Code Section 941 (b). That section
added a sentence which provided that no public or private road becomes a County
road unless the Board of Supervisors by resolution makes it part of the County road
system, and the County is not required to maintain any road unless it is part of the
County road system.
West Reed Avenue was "dedicated" by map in 1924. In 1962 the Board of
Supervisors adopted Resolution No. 6287, which ratified all acceptances by deed
for County road purposes prior to 1955. That resolution contained no mention of
map dedications or any acceptance of such dedications. It therefore has no
relevance to the question at hand.
-5-
AGENDA ITEM
The legislative record contains a comment from the Association of Counties that the
purpose of the statute was to overrule the Sacramento County case. Under the
available evidence, the conclusion must be drawn that West Reed Avenue is a
private street. It was not maintained by the County pre-1955 and there was no
acceptance by resolution. Incorporation did nothing to change that status. See
Government Code Section 57385.
2. Assertion: The Town is responsible for damage due to drainage in the area.
Response: The Town has not maintained the road or constructed any drainage
improvements which altered the condition existing as of incorporation. There is no
evidence the Town has or now owns or controls the road. Unless the Town has
ownership or control or modifies the existing condition in some way, it has no
responsibility for pre-incorporation drainage. That responsibility, if any, rests with
the person or entity which created the condition. See Locklin v. Lafayette(1994)7
Cal 41h 327 27 CR 613.
There is therefore no basis for the argument that the Town is responsible for
drainage in the area. Whatever responsibilities CalTrans or previous property
owners may have for drainage is a matter for those parties to resolve, with or
without the Town's assistance as desired.
3. Assertion: West Reed Avenue is Being Discriminated Against as Compared to
Other Streets
Response:As explained above, at the time of incorporation the Town got whatever
the County had. The situation was different as to various substandard streets -
some the County had accepted and agreed to maintain, some had CSA's or other
funding mechanisms attached,others were not considered County roads. The fact
that the various roads are treated differently was the result of County actions which
the Town inherited -does not represent unjustified differentiation on the part of the
Town between similarly situated parties. Treating West Reed Avenue in
accordance with the status the County gave it is in no way improper.
Allegations regarding alleged code enforcement deficiencies, the 5' parcels,
encroachment permits, and so forth are legally irrelevant to the ownership and
maintenance issue. They do, however, present a policy issue for the Council-what
is the Town's relationship to be with the West Reed Property Owners.
The present situation is, for Truckee, counter intuitive. As a rule, the Town operates on
principles of collaborative decision making and interest based bargaining. For reasons that
require no further elaboration the customary Town practice has not been an option to this
point. It is hoped the determinations made in this Staff reportwill result in returning matters
to an interest based discussion, but that is the property owners decision to make.
Town Council Staff Report
AGENDA ITEM
The Town has committed significant resources in an attempt to assist the property owners.
Some are supportive, others are not. Staff sees no reason to change the current
approach. If the property owners can show 2/3 support for moving forward, the Town
should honor its commitment. That will be more challenging given West Reed's status as a
private road, but it is not legally impossible given that Truckee is a charter city. If not, the
Town will have no further involvement in West Reed maintenance issues and the statutes
quo will prevail -West Reed Avenue is a private, non-Town maintained street.
The Town has also committed to doing its share to protect Donner Lake. The BMP's
necessary to assist in that effort will be constructed as part of the upcoming Donner Pass
Road Widening and Bicycle Trail Project. To the extent there is an opportunity for
temporary BMP's for the same purpose that can certainly be explored as well.
If code violations are believed to exist the Community Development Department has the
capability to evaluate and act on those allegation's(if appropriate)without Council action.
West Reed property owners have the same access to those resources as any other
Truckee resident. If West Reed Avenue is determined to be a private road, the status of
the 5' parcels is a matter for the property owners to determine. The Town is not involved
nor have any rights on the part of the public accrued.
FISCAL IMPACT: Maintaining the status quo would have no financial impact to the
Town. Acceptance of West Reed Avenue for maintenance would result in increased on-
going maintenance expenditures and additional liability exposure for the Town.
PUBLIC COMMUNICATIONS: Additional correspondence regarding this issue that has
been received since the February 20, 2003 Town Council meeting is available for review
upon request to the Engineering staff.
ATTACHMENTS: Map of Green Point Subdivision - 1924, Caltrans highway 37 Map—
1960, Donner Pines West Unit 1 tract Map— 1973 (2 pages), Nevada County Resolution
numbers 58-18, 6287, 73-34 and 80-158.
Town Council Staff Report
,t
TRACT/AAP `�ti I,ROBERr A.MCNDUAU ,DO HEREBd C6aTIPV TM&T I AM a LICENSED LAND
caNsl.nNoa2gHT•H, sURVEJORDFTHE6T&TEorF44}CGiHIAq,NOTHnAopO)HaIiTNGopz
FOR cL1N00,%INIUM Pl1RIDOSE5 CORRECTLY REPRgIGNlS QSURVRIlA&pE B, sMGETS
✓✓ne iBT2&HO THAT ALL MON J AE ORUNDERAY SUPERV.,NOW,W
AND TL1Gpt PL%ITIONS ARE UMENTg OW. Tti N QCILMLLy EYIST
DONNER PINES WEST UNIT 1 3 CORRE CTLY 6HDWN
1y MTGD i,NIg1f DD`10F_.Ha f 1Yb.
86INGA PORTION OFTWG/ArGLASNEN GROPERT:/.SUB1-39 ALSO n t /J s/ s,L —
BEING p PORTION OF THE NORTNWE5T Y409713ECTION4 14T I-TH
R 15 MD/A IN THE UHINCORPORA7r8O-Tr.RRP-rORV OF TN E 1,v.HARav WIDER,COUNTY SURVEyoR OF rHs COU,,4T J OF M6vbDO VrQTE
COUNT) OF NEVL\Q6 C6UF'OR AND OFCATWATTIITT SISLI tAHTdL�THE 6AAE&SITA&PPG&Reo OIHTHE 7E FIN Y/A
SCO.L@ 1�••d0' n,l.RCN 1973 MOP AND THAT A LL pROVISIpN$OF
OCAL
ORDINANCES APPLICABLE AT THE TIAEEOF APPROVAL OF TWQ AND
yfye
GNNINO�-��1�lR110'TF�11M{tP'1C. HAVE BEEN CORPUGD WITH AND THAT L AM SATISFIED TENTATIyE NAP
..owcRR.H,,,o R�..,,„�•�,,,p,R TECHNICALLY CORRECT ANDWITH
THAT I THAT GLID"P IS
PRESENTED. ItGCOMMEHD THIS MdP B6&PpAq�GD d5
DATEDTHIS-"-OQy OF _ IBTS
WGHEREBYCERTIFYTRO ID T ONNQR LAKE NO/AES,LTD.d LI/AITGD COUNT)OFF
O
p&RrHERSHIPIS TNG OWNGR OF RECORD HOLDER OF 6ECURIT9 INTERBS_M THEREIN NHVAD&,STATE OF C&LIroRNIO
OR ARE INTERESTED IN TH6 LAND TWIW THE WITHIN TINE ORDER LINES.D THE PLANNING COA/AIS510N OF THE COUNTY OF NEVADA STATE OFC4LI1^-
Pp}EDT SHOWN ON THIS HAP WITHIN THE COLORED BORDER LINES pN0
THAT WE CONSENT TO THE FILING OF THE WITHIN COHDoMIN1U/A PLAN PU ORNIA,14GREB•J RECOMMENDS APPROVAL OF T45 MAP or DONNGR gNR3
TO CHAPTER I,TITLED PARTS DIVISION SECOND OF THE CIVIL CY)pE ANO6NT WEST-UNIT 1.
TOT a PREPARATION NNO FI LiNG OF SAID MQP ANO.WSONISION W HEREey DATED TMIS�p&y OF ISTa
DEDICATE RIONTS OF WAy AND EASEMENTS MR WOTER�GAS,AND SGwGR
AND FOR POLESANCHORS&ND GUYS OYERHG&p bNO UNDEgOROUNp DI A N
WAVE dNp CONOUit6 FOR EL6CTRICa"ANO TFLCgipNG g6RVICFg TDGETNER W�1N
ANY dN0 ALL APPVRTGN&NCEg dpvGRTAW ING THERETO ON OVER.&C-IDW&NO
UNDER PARCEL•&'IN-7INO TNER6FROM UNiG CR A
' &9 SHOWN UPON THM MAD PM CCN V0^INIUA PURFML (,N_p pFFLR FORH
L'UEOKATCN AN D DO HE RE By OSING&TE 7b TAG COUNTY CC HEVADA MR ANY AND ALL T11515 TO<ERTIFy TNAI THE BOARD OF SUPERV15pR50,=THE COUNTY OFNCYNt11
RI WIC USCS,TI4AT RIRTpy OF L[WO SFIOWH QMD OEfIGHATGO ASWEHDAVENUE,' ST&r6 OCCALI bRNtA,pp HEREB/APgtpyg tpR CILNw)TLtE pqP OF•p
IN ITNC-g5 wHER60r SAID RtRTNaLtpIIP H65 E%6CUTE0 rH606 PILGSGNTS M ENTITLED OONNER RNES WEST Il'T 1 aN ACCEPT FOR DEDKAl10N THEREOF
ITS OFFKERg THEREUn TO PULYNi1bRIIHD TM5Z_gAY OF ^)<+�ti 1873 THE AREAS OF PARCEL'&'LYING OUTSIDE TINE BUILDING
THROUGH-J�FCNt PUBLIC UTILITY PURP05 UNITS NOS /
Donnsrl.aak¢Hom¢a,Ltd. FOR MEEDOVENUE'IsHEITHER �'TNEOFFGROFOGDICATION A♦In,THR ll 14 R, TI/AG AND THE OFFFR OF KCEPTED NOR RG,JECTED AT-r415
6!. DONNER RNES IN a c�mr•k' n UNTIL SUCH -`OICQTION CPR THIS ITHF\is TD I=E/MIN OPEN
PJ qHO OHNHRAL pA1RH64 H TNt6 AS THE BOARD OF 6VPERVISORS EITH6R ACCEPTS OK
REJOCT4 IT.T?I/IAp,.00fJ MMv�lgyS Ol/w<N/YYdoe!/)
-!T'I fl✓!�O'a+A✓isiC r/Ti[/IY Ar<,VMOl ai 1N<w.v N<OfON,O<i<O
5fate OrCaliromia -
County OFSantaClara H.•.
ART,wER-el♦-RT-- c nlmm�✓. ,Z. \. ..r/j/•1
Ont#,,plr't973before rne,lhe UndefOt$ned,a Notary Public in ror ea id Mass"r wsaas 'cav>ti su<r,mom-,-«
61ate,p¢reol'1a11yy appeared william C.ntch known to me to be the pM5 sr ri ar c.--j.
�. iderit d CharleSG t�"t itnown tome lobe the Secretary Or Donner
Pines Inc.the corporation that executed the w;lh,n wislrurnenttkrn q
iD me tO t>,i ffie pereons who"eculed the with{{n instrument on behalf•
OF'-aid cor poration,eaid corporation beiq,known ID me to be one
of the ppaartners or Donner Lake HomeS,LTd.,a limited parfl'Lzrghtpp the Parinerehip that executed the yailhln instrumentEacknowl[d- 1 /A&RC ELLp CArNiOW TAX COLLECTOR IN&Np IOR TIE
*,d to me that such Corporation executed lheeame a50UCh parf- STATE OF CQUIoRNt& OO HEREBY CERTIFY Tµ&r THERG�RE NO VNp,,D
nee 4 that Such parfn¢rehfp executed the eame.W itnebs mY am TOYES&GQINGT THE TRACTOF L&NOS INCLUDED WITHIN Doi4NIERPINES WEST
�OFftLL3l6cBl �A-'/ // /6Y.] "'•'•' ,. UNIT I EXCEPT TMIFS NOT 1YET DUE OR P&VABLE,C ESTIMATE THE LATER NOT
TOF%GEED •.:,'Tr.)!ia
N &RY PUBLIC IH 4 FOR SA,o COUNTY- ;; T L•'^r IN WITNESS WHGRsov I
HEREUNTO SET My HAND
.. ...... , .. THIs�D&Y or—IL,"• IYIS.
` &X COLLECTOR IN QND roR TM6 N y OF N VA STATE O CA I ORNI
AND INTERS T IN AMC TOTHE REAL PROPERTY INCLUDE W THINI m4E SUB- COUN5TATET Or �-CALIFORNIA,
D,VIgION SHOWN UPON TN5 MAP dNO THg7 W6 GONS6NT TO THE jS$
FLUNG OF$AID MAP ON SUBO PAND AND CON DDMININ"PION PtY NGAND ON Tµl3_DQV OF/ I 19 8 BE
CHAPTER 1,TfTL2 G.Pa\R r4,DIVIS'ION SECOND,Or THE CIVIL CCDU� IN AND FOR THE COUNTY
7 rbRE ME• !- A FIOTARY PUBLIC
SM74 CLARA STATE Or CIILMORNIO,RESIDING
THEREIN,OULV ccL AISSIONED ANU SWORN P4RBDNALL4 APPEARED
KNOWN TO ME TD Be THE�,' ^F THE C17RRORATION THAT EXECUTED THE WITH IN IN9TRLVAENT AS BFNEF-
INTER-COUNTY'rI TILE COMPANY,INC. IFCBNLUVtO naRiCagCry tAAp&NV INC. ICIARY dYD KNO WN TOME TO BE TH6 f'6RSON WHO EXLiCU7pD THE
&TRUSTEE UNDER DEED OF TRUST AS SGNGFCI&Ry u—CK FEEDOF T 7, W,TN�H,NSTRV/WENT ON B6HALF OF THE CORWRAT,ON T"e-e N N Mo
a1. -�_E�'-- ''✓ �� .. AND ACKNOWLEDG 60 Tp ME TWAT SUCH CORPORATION EX E
EXECUTED TH
VICE P E91R D'E TILT _' S&M60t/RSLJ&NT TO IT!BV-LAW5 ORA RGS'%UnON Or ITS BOARD C1C DIR- '
ECTORS,\V USE MY HAND&NO OF4-(CLAD SWOL THH OAV JND YE&R
STATE OF CN EV C& 1 FIRST ABOVE WRITTEN.. y C COUNTY�O F�,�,{INEVADA C1Aplb$ION EKpRp.•_'
ON TN 15 'p&y OF] 1973 BGFORE MEC=oa.T *L P1&FDT&RY PUBLIC hOTARy RJBLK IN AND FOR THE Co.Ty OP 5&NTA C
(HAND FOR TIE COUNTY OC NEVADA STATG Or CALIFORN(A,RESIDING THEREIN COLT FT)RNiO. LARA 5707E OF
OULv COS 15610N ED JND SWORN FORS ALLV&PPE'&RGD FARL C.E4IC KSON, ,KNOWN TO ME Tb Bl TH6VI✓cc P4Ee OF THE CORPORATION TTJATEI(6C-
UTED THE W,THiN INSTRUAGNT As rRUSTea ANC.w» N TOME TO BE THE
PERO.-WO UCCUTED THE WITHIN IN57RUMENT ON 8604LFOF TµO '
CORFOR&T:ON THEREIN NAMED AND ACKNOWLEOGEO TOME-TWAT SUCH
COR PORITIOI+E%61U7Eu TN6 Sd.MB PURSVANT TO ITS BY-LA_OR A RES-
OLUTIONor1T5BO&ROOrDIRECTOR6,WITNESS My NANO AND OFTKIAL T'- HEREBY CGRTIFV THQT' - O
S.ILI CNn 9[yEh^FIRST ADOVs W0.1 T TEN.AYCOMJAIS51oN E%PIRES TITLE CERTt FtCATE'N0.�9T•.yJ,AS rI 0 WITH TM 16.
S OFFICE, '
T MAP WAS
•� - p er! 0 TWAT
TL OF PLA$U VBOI IS ON9 A7 ACCEPTED FOR RECORD AND RIET NROED 7N GOOK
�•/ln,i,e�[C. 1973,AT .lA. DOCUME O ON
NOTARY PUBLIC IN AND FORTHE2'ODNry of NEVARN STATE or CJurORNIA ITT
- L-CORDER NEV COL�jTy C[�L�RNIA }.416
r
Restrictions
643"405 O.R.
SHEET t OP 2 SHEETS
Jannir�.lr-xeyrn,eft-Hens N:IeeO
OUILDIN6 CTM TROL 1aA1G
O 0 NORTH ECST
A 1 ecM a0O 5697.AOO
A Z a aoco ,aaaaoo �.�j �,.
! a6o7aao 3a3.000 �'
e• m,3.ow wls.000 � TRACT AAp �s s aD,�Dxe IA4%.-
c aTeaao e7lz.Aco <DNaIsnNR OF:sHxa, �f"•,Irx
7 e7oa.eee eYx
aG97DO0 cz w.c�o7o �R CONDGb\INIU�q PURPO$F-j
G"` OOhINER PINES WEST•UNIT t
BEWG G WRTIpM OF jr \D64\SNEM PROPERTJ,
DONNER LL�KE ROAD SU6.1-�,Ql50 BEING AFtJRT1pM OF TN6 NORTi iH/EST
(cO. AOAo NU'ABG'R')16) Kor SEcT10M 14T.17N RISE/A.O/A,IN THE um.Nmppow l.o
w.ro,4 THE COUNT&;TT'EV�pL�,C6LIFORNIQ
"b r,xl Saa•19")9r f--_-r-q �3CaLE'.4w•z4o/
Z-�. I iwavCN 19-i3
,�6NNINO?-I/���iRI1D'R uilll��NG
(. - .YfYa ,lao _ i,ae-:,'<c3 -r 1 Y•tc
NOTES f BASIS OF BEQRtNGS
.•-roc'.�j/,�i��//�3�z `nx.zrz }�' dl-m-
TOTHIS TRACT 15 acOwDoNIU/A C aJ5E00C
ti .� J35 UNITS.TH60WNGR56C rNRUPNN,.MLLHOLD6NUN•sc DIVIDeD%N R6 7 IN THE�'AIAOIN AREA WHICH �oCE5
` AND UTILIN T•GSEMENTSRX2THEUN1 T1iE OFcfL}AL T5.RC:Fr-R
b RE�RDE FOR 6UDSEQUENT RNN6 OF THU
(w°�� ST• '�• = O.7 i OK'ORYA/AATCs.
(�'�<L v_� •.-.�� Hj^v,zAe'r= 4\ •\r -}A'..4� a`n THE ebRING OC INa0•40'3W T
WN W BEING 46 HORTNE721-/
DONNER VASs ROAD 46 GHO UfDN T165TA'IC
r�r ea'a _.••� „°..c* c -L,b fb - aL0��5 ��µ �'cl A•isn a� OC CAL WN L-NM 5URVEV a RCXjM 37N6VAOOCOUN7v DISTRICT
skD, E TA WA5 TAKEN AS-T1.{6 BAStg OC BEARINGS
''vi rn.Ww 'a�l'r" ,,,��.'mow( 1 /g iLC� s /�•'� '��. ,s ,�u � v.i....�+.. svrnvr•,-ERroN.
y jL/r I �•� ,' t>� '��� THE VERTKALDAT"6A5E JSRD A541-q•VNONTNECIAfiRyA-
a.. U Z' ��� /eLDYvG n C MOTK5 1-3U.S.C.G.61947,N^2a3G EL6VAT,DN S9G6.D15 p
l:.o
< DTi3gTT,�_ $RAGS D, TbPO
o DL e F LAR(IG ROCK OUTC ,IOCATcD AppIUOI(.
(' 7•. CR rz _ \t o 1b�.1nCC �. �• A K P&GS5OC�DNpR'TUFRI.y OF C ST6T off 2•00 NEV 37.0 DONNER
THE AREA BOUNDED BY THE 45LV
(((� 6 BOIt06R
Ora 2 ' H`•. / '-' ' (..aoo• a�lOa N_ �l.0 CONTAINS'2.04 ACRCS.LILL PinC'N34pNS ARE 511dVN IN
b 4 HrTeT ANDDEC✓AAL4714ERVOC.
3wnaz-. "•''a-aca.T.err � ao•,aw aex. , -- - ri __�
sxAO.U7S
z ••eo-°O•�-"� ;-a w+:4 1 TYWCAL FbLE IOCATON6 MR 8
UNIT.NOS
Ip W,16,7i,29 24,7$R 27•Za.73.0
3132�93,
DONNER PASS x � ®POLE^)AJtcIGCENT6ATOCENT6R FaR
UNIT-0-6•719.t5,22,i3,Zt.LD,29,O S91 COUNT-/ RAgp NU.fi DGR 7'a g�
SHEET 2 OF---------------
2 SH,aE�TS
)<nnl.�s-.Iv,D<(mdi-Hty,Nf IOF.B
i
f
Exhibit "A"
Z��� pQII�T SIQI�T -
POJZTJON OF 3.1 OF RE.-,
1 SECTION 14.T.17 N.R.15 E,
' NEVADA =INTY: CALIPO1: Imk.
1 SCAXZ^!Itif:,f!—1Do FIST i
J✓r u..r/
• , 6LF__ M. .
TIL"
8 7
p j • r • • • a ♦ . I
'} ,tom RCCD AvLNUE
BL B RL 6 B 3�Z�y
' I _ _
L/NGOLN /yy/yyAY
A�a..:nl.M Xo•WON'N r..✓Obs,..-try'• --
p�N/�/�R LAKtr �1 h. +r.wip.w�♦f....tt'arona.M l.++vr.+r.ly t+ti..ww.rr. �In ii'r�mM� 1
r..,....�,_...r�•a.•rr,•u.s.`wJAlOrmrrw:w.r �..e.,. es..r.r�,rw •� (,j,�/�.,Q� �f
rnr..•+a....,...rn».....«M..• -�-':..•.....». o...eJ. .y. _ .wv.w..4.«•"-"`"`--'-•.wrrA.r....,.!✓!+-nw.c/.w•ruq iw...+v ...lw-�•'C�"s�h...+•a/..�..+rw..•✓i�7�r w.wr..'wnu i l
L✓rlra•/w+••f•M.�•._rra..r.r....su+v.►r..o..•.-mw.�aN n.vr.A...n•Mw.nv�wr �.+� ;
i.r•..rn•r,..-n•,l+r7w...rt♦rl-JN.•avr6KDV.t1Vr ..r4.nwf•r;/.M►K�o'r:r�nrs.wr ...i'
r..y✓...r..�rw.�r i.rs..�[^�•-rY.r....r .,,,..y' � �,.a'f.MTi✓C.ao.,.�r.m. ,�wl.•rtw�.�nwnvh�uvlm.�.-
f../.tiw•.r'15.^nvw..w,,••��r. ...McnY.'••.'nM.lW. /".+r.+w.-w.Y i.rw/..r: ..vM1Mm.w•wr.w....wrr...ra.r/
N./•.rrwlV.'1..i.w..•-Ar.Oh�.•ar. lyi..v..! .wrraw.rary.+�✓n..w.�r..�l..Ar..dl�.�..•n.....r...•+.cwm.✓«w-
L+ax! N✓.wrlf�wn�•w/�.)�rrrn•....nr�w.•w..r
tCN./nw.w.•w..•►..,.+rn•.vr./II..tI/•r°r•►4.W++r
A'-...... -_. _'n.""n"V .✓tn.•.r�+.•✓r.�h1..r.yrr✓ n.r ..v..wa♦r..n.�r t� ti
e.aw.c rwr.r.a s•�naar ca..+..sv � rr rcac.awrs. /r...+r.1.n�..r...w � r�
• �♦ O O i CJC
�-•-- -------- •`-�../ .r.-.b-.«..r...v✓+.r............e-..ww�..�t..•ri--rn../�............ .wa........a.r-.�...-.�........r n,...... rp � ,�` �l
�nr��/�rrhM.rr.we......./s•.wy.r.w.�r..w�rrnw...;� /+ri^ nw.r...vw..,!r.w.-.....•w....r/«s C ✓ � /�f� '� � �
it Wrr.KJJ.MC.KY/^.r. +✓!Y ✓_ ..� �..w♦'�...r..•••,._.w»./.,.l.s...«•� -� fe
�11L:L [LtLl LCCCIL•__1 ...�........�...w....i...n.....h.«..d � ,�' I�
17 r./r
♦rnrriiucvww in�s�r��"'u..wrcn..•.rntis•...r.i..�.w.•...�/-oro+..�.cWk ..i�Cr...,-�-- r
c..r-r�.r.i.ic..F.,.�.. _ w....w,.....�!"""�"�.�r ��+�r.'�"i.•%rr`�+✓r.vn.r........ �'«--r♦-.+o..-
7 .° san...C•:i.._�...e.�aev,..w... a.ww..rr�e��syrn/m�J~�w«.n,.n.•. iv .✓.ar ..�f L/�vC0.'J+/ KtW7✓N'
C�_L._. ._`.fps .ww•rti,..r.•l.r.✓..a/ary wpA��.rryy � w..re•=r�.r Mw-�.i.wr.. •�
✓Jr.I yr....• �"-"�"pM.._n:t.wwAA...w.w.w�..4. ��/w/ / !n�/.../r•71t..✓Iw✓n�rly� wu- ���r/
.-.�.l..../....wrw .�Y.l.►.+�+-ir.C.+...'� �✓..n.r.Yh�+.rl A/Ar i�.�lil�A.•r.../�IAtir4.
w�... ...ter.. ..-_.✓...s.r �"_.rnr.... ..-....•+w.w. �...r�wr►-i....+r+v✓wirw...vw�i.w.n...lnw.i.�� 1. ,..,,.,,...✓n.r�rvMa...-v r..nr✓... M�✓.--v A...v Llw 4r- ✓^'..-....n«i/.n.w w..«►..�.r..w«++..`....x ri►+•++-wiwrlti..+! ... �
�.w..r�'rtwtir.......+...►..'�!•.rv«.....rr�+.r..rri i.rr/.+ �[.•�w•...g.�...1w+vn•.+...w•✓cwr✓J..�....�y�,r _ _
.r.'M/MAnK1.CI;/Aw.a.'Y.....•r..rn�.rwiiw..r.p._+rs(M...wrr �7-•r`r��lj. _ 'M-'��`�'~Mw.rw/r..'lL.w.w.r
n..w .../Lr..!✓J..%.sa J/wb lFr'H-rw...� �/M•AH:.M/ � /w.�.•V♦wiy.w�r•n...�.r.cw..°wy./ 1L}D
n......r .�..v.s-.....�.. '.y...""� �llV ll.Yl1'//,7l!_. r.w`"'ri y .'l..l..r r�:.i.. r.v•... .r o..M..V.. c....n,.
...:��:."1.-•-'r..A:zs. .... �.-:- c...._..d.on.�c.-..✓ J.:�. t�. .. o. �y:... a a.. �... . .•.�... r.r.
Ar•/JJwwr�✓Mwr l...ilj w.rr.h..n+.M..��✓�µ,.�•{^��.
Nr+7'Nare.rrv.arwk Llyry L.a.vy�✓ 1 �"�-✓
J.r.//ww+l+l J/!ry✓Gw1.w... • I p / p
[.w.) 0....e.r
DONNER LANCE
DEVELOPMENT CO- ti / Ji i O �ot?6.612 B.C. I
r r
I I �J 0 8.r30 CAlP O
STATE OF CALIF
12
/9"w /5-S0.71' — 24r46'CMP '_: -.-. Bic294PMP ___ q� —)
6 _�-------= 24"x - c r
--------------- -- I 401 9 8 6
�
I ----- --------- '�------ - ;I 30:r94'C.r✓!P is I: I � c�
24" 6' IcV I I
` � rB CiY/P-OD i� I i%
h Tei. 1 '
41RIED _ ' Pacific Tel r� 9
Z i B,A•J-- — �_� Pa--�f. PO'ye 'Line
.'
SAD WAY Pc �0 9 "I � 11 3 z + I II�IoI .9 i
--r 9 7 6 Sjj 4 -3
.T s
IEl
I I BLOCK 9 I I� v Zr'i j~IT 9 { e 71 r 6l 51 �
IF
ExsY R/{Ii T BLOCK I
BLOCK /0
40
;
.D O N NE R L, A K
3-�-c')
_ +a6o
1 AAF�r �'tiV � 1•�
R
P.ESOLUTION NO.
q #tEh3, tha► Board of Supervisors has from 't1me to time accepted
varloup deeiiac conveying real property eEndfaT interest therein
and/cir' easemants thereon for county road pu:r;)osss sin" the
g,4RcsyseCd�oiiee of the 1955 amendment to Suction 941 Streets &
and
WBWAS, it. was the intention of the Board a-r Supervisors to
accept the public and/or private roads described in said. deed»
Into the 00u:1ty road system; cad
WIZIM.LS, altnougb. the Bctiard tools that sxlb3tsntial co:s►pliaz co
-has been
reabdsttthatetheoBoa d*at intenioneshauld9be'3andeamo aed'
It o.pp . .
oertain.
I30W` -,Th1REpo',I , BE IT RBSOLVED BY TO BOA11D OF SUpX VISCIRS OF TB3
Ci76 °E'Y ffF TiEUADA, S1,1ATE OF CALV ORrfIA, as follows;
That all real: property and/or interest ih-- rein and/or easements
thereon heretofore conveyed to the County of 2levada by deeds. which
have baen accepted by the Board of Supervisors subsequerit to the
1955 amendment to Section 941 Streets & HighxaYs Code for Bounty
road purposoA Raab Intended to t,e acceptdd by said Board of
Supsxvi�sors Into the county road system, and all of .said :real
property-and/or J.aterest therein and/or eaaOments thereof so
oonv��yed to and accepted by t zzBoaar . of Su.pbrvisors are .heisby�
acceptod into thy, county road syster► as at tree date of the respect-
ive s.ocept aoces of the several conveyances.
ADOP7'E]D �1S A RESOLUTION Or mE BOARD OF S`U:' =�ViSORS OF THE GOUTY
OF K4:VAD.A -at an udjou=ned regular meeting tY_ereof on tho l9th day
.of Sopte'mber. 1962, by the fo*lowinC, vote:
SUPERVISORS, Aye0: -
_cUp SR`lI:,CARS, 13ae s:
SU_PE1rJI50RS, Absent:
Chu r 1,170 Beard of 'Snoery sore
Attest: � ark of -sa id
i
..�..
tpQ
PIMIZ ION
BOARD OF SUPMUISOF_Sy COUNTY OF NEVADA, STATE OF CALIFORNIA
RESOLUTION: 58-18
WHEBMS, Section 2721 of the Streets turd Highways Code provides that in May of
Each year, each county shall submit to the Department of Public Works, any additions or ax-
clusions from its mileage of maintained County roads, specifying the termini and mileage of
each route added or excluded; end
'"'f;a WHKREAS, Section 2004 provides that changes may be mode from time to time in the
County's Primary System; and
i4I3FREAS, the Department of Public Works, certified to the State Controller on
„ February 28, 1958, that the total mileage of maintained County roads in Nevada County was
460.87 wiles; and the total mileage of primary roads was 146.87 miles end
'AIERUS, the County now finds that the total mileago of. maintained County roads is
461.93 miles and that the total mileage of primary roads is 146.87 miles;
T1-MBIME, it is resolved that the mileage of maintained and primary County roads
certified May 1, 1958, be corrected in accordance with the indications, in color on the ac-
ampat ng map (s) narked &I-dbit A and in accordance with the additions or corrections to
the attached tabulation marked ExhibitKbibit I35 both ellibits being hereby ;:aide part of this
resolution.
Regularly passed and adopted t'zis Ist. Day of May
AYS and in favor of said Resolution:
Supervisors Smart, Bishop, Coughlan. Robinson, and Loehr
I;OESS and against said Resolution:
Supervisors None
ABSENT:
Supervisors None
AT TMT:
Chairman, Board. o :iapervisors _..
count;( of �'evada
• State of C,1liforr.iu
Clerk of Said Doard.
rk.•e'- j
The following are attachments that were omitted from your
agenda packets in regards to agenda item 7.1
Council Meeting May1 , 2003
530 544 5053 P-03
Apr-25-03 02: 15P RHRC
d3/YG/03 TOE 16:18 FAX 030 Z05 1234 NEV CO SD SUM 003
Ott
RESOLUTION Mo. y_-_
OF THE BOARD OF SUPERVISORS OF THE COUNTY OF NEYADA
1t880LUTI0N ESTABLISHING A COUNTY SERVICE
A=A FOR $ILTZ TRACT, TRUCNEE, CALIFOUNTA r
To B5 ICWWN As coin SERVIGE AREA M. 6.
(SECTION 25Z10.18 OF THE GOVERNMRm CODE .
WgEgg,A9, a petIrlon has been duly filed by one of the
ovaerS of BILTZ TRACT With the executive officer of the Local
Agency Forma.tivu Co=issxon of Nevada County, State of Cal3-
gornia, zo form a county service area; and
WIiEREAS, the Local AgOUCY; Formation commission has
held a Cpacial bearinS, received the report of the executive
o€flaer for rho CCnmz .ssios, and all ozhav evidence tieceasary;
and
gEAS, the Local .Agency Formation CCm=:Lssioa has
adopted a Resolution rocoammar►dina the formation of this coua.tg
Service Area; and
wHExEA,S. two members of This Board, iu. accordance
witla section 25210.11 of the Gavarameat. GOde, filed a wri.tttM
request that this Board. on Its owsa Initiative form said CO%Mt-Y
Se%vjce Area; and
V=ILUALS, this Board, in accordance With the t4lxms of
Section 25Z10.15 of the Gave=raent Cods, passed RaGOluriOn
- Teo_ 73-11, which Resolution sec a public hearing to be held by
-this Board, ou Mauch 13, 1973, at 10:30 a.m. , in the Board Room,
Movade Country Courthouse, Nevada GIVY, Califotnla; and
WEZREAS, &i. public hearth& was duly held, after notice
had given -of s.aici hn^xjj ng asp pxegcribrd by the lays of the
530 544 5053 P_04
Apr-25-03 02: 15P RHRC
03/25/03 TuZ 16:18 FAX 530 200 1234 VHV Co DD sU?V. --- TRIJCKHH 9004
State of Celifozraia._
230W, ;THEB.EF08E,, BE IT BE SOLVED AS FOLLOWS
1. The Board determi=fts that a County Service Area
should be foamed for the area described in EXHIBTT "A" attached
hereto.
2. The name of said County Sarviae Area shall be
r'COU= SERVICE .AREA NO- 6".
3. This County Service Area ie f01-MOd to provlds an
extended Comr-Y service for snow removal.
4. The Clerk of the� Board is directed and aut-hortzed
to sand a 0*wtifiad copy of thjs Rosolu.cion to the Director of
Public Worke and the Asseesor.
5- The Directo-r of Public Works and the Aesassov of
Nevada Cmmty are d1roozed and auchozizad ra comply with the
provisions of Section 34900 through 54915, where applicable, of
the Government Code of the State of California.
PASSED AND ADOPTED by the Board of Supervisors of the County of Nevada at a regular
MSeting of said Board, held on the 1.3t'h day of March , 1973 ,
by the following vote of said Board:
Ayes: Supsrv1s*raApl id>gx P, Thomas L. Tumor,
wools: Robolt W. toe n Mo. Vrlilawn F. Curran.
_ ATTES'G
TMEM A. KOHLER. Je. Coany Clerk 00d
ept.o lcio eiark wwf f1 a 8vard f supe+�lsor. Abso+rr Ralph 8 nl•n
9y Dopu*yr Clwis n
2 � awr E9 9 T
3-14-73 D.
hylassr.sr
76-a- C.O.
0
u azia
530 544 5053 P.05
Apr--25-03 02: 15P RHFZC
03/25/03 TUB 18:19 FAX 530 205 1234 NEV CO 8D, SL?P�►.: .• y- '. TRUC$ .,.�a::r.-.Z.r>•. 405,.,
y,ti„r..,x�., w k ) .�,��d. y irs ,A a i' •�F:•�Il..;'�:.,:.��1.: i
I hi
TV I
' _ruts: • � ;t.
All that portion of the -"13i:Lta Tract" as shown oil the
Svbdi inio;y ;`=p: 'clad in Book 1 of Subdivisions at Page 103,, aacl
.loca tort in the 11.l:i.1/4 of $actjon 10, Township 17 North; F_anryc .16
Nevada county, California..
Ee,innin- at the northeast- corner ot.Lo.t '1 of BlockC
of trre Tract"; thence Southerly alwig the:ea.+terly f
lj files of.Ltrouser Drive,% Lots 10 and 1 or Block 8 of the "Bil.ts Tr-xc-
to' t•he L�ailt4ieost c:ornar a' Lot. 1 of L'lock B; thence:•5outheasr,*ijr .'
Lo thc. northeast corner of Lot 1 oP Block A-of the' 4's�ilCz irztGt►';
thence Sol;'-).":crly along the easr- line or, Lot i of Block :A to a
point in the northeasterly line of thg'Statc of California Propar'ty .:, = '
caving identical to the norsbaastex,ly line - of Fiehards Blvd: ;' Cdurty.",,'' -.
1o.d N'unber 716; -thcncc Northwaciterly along said-norrbazstarly lina;:
of ElcharOa Ilvd- to a point in the. coutha4stasly' line of Lot 1�
of Bloc!_ A Qr the 1,3ilte Tract"; thence' NorLheasLexly alone- the' .:
scut}a ctnrly Lue of Lot 13 to the iaost easterly corner of-Lot
13 and t!!e southerly line of Slarra Lrive; thenca :i2sterly mZoriIS
t e northerly line of Lots 13 and 11+ r_xid the 36ucharly line
Sierra Drive to the•.'lorta�•rctt. corner, of• Lot 14 of, 3lock A of•the
"BlIt: i.-acL10, thw1cb N6rtb,-.esterly to the SoUthwast corn.cr of Lot}.
13 of a?nc;•: C of tho "Biltz Tract"; thence Northerly along the.
rest IiT:C oX Tot 13 to t.!1e corner of Lot 13 of Block,C;
17.c+flce sa1a:C.::1y s].onr_, i-he northerly line. of Lots .13. 12, 71•,
10; 191 8, 7, G, ,' 1y; �, 2', and 1 or Block;C of' the "9iltzy Tract"'
;.a t.lio r;orthczmt 'ct:vnccr of Lot 1 of Blocl, G and•'Lhe ,Polnt, OT
530 544 5053 P.08
APY--25-03 02 : 16P RHRC �� I [008
03/25/03 T'UE 10:20 PAX 530 265 1234 NEV CO BD SUM -04.0 TR H
DESCRIPTION '
CD NTY SERVICE AREA NO. 8
. BILTZ TRACT
A portion of the Biltz Tract, as recorded in Back 1, Subdivisions, page 103, Official
Records of Nevada County, and located in the !Northeast quarter of SOUEjon 16, Township
17 Korth, Range 16 East, H.D.M., and being more fully described as follows:
Boginning at the Northeast Section Corner of Section 18, 'Township 17 Nortlz, range 16
East, M.D,II_, also being the Northeast corner oP Lot No. 1, Block "E" of salct silbdivisio,
thence, South 00 15' 20" East 186.57 feet along the East fine nf Section 13 co t►ke
Southeast corner of Lot No, 1, Block "E"; thence, leaving the East Section tine,
South 440 451,West 56.57 feet to the Northeast, corner of Lot No. 36, Block "II", said
corner being located on the West line of Prosser Drive; thence, South Oo 15' East 340
feet along the west.lirte of Prosser Drive to a point on the Northerly lint: of Counter
Service Area go. 6; thence, Westerly along the northerly line of County Service area
No. 6, to the most westerly line of County Service Area No. 6; thence, Southerly
along the Wast line of County Service Area No, 6 to Intersect the :torthzrly line of _
the State of California property line for Interstate 80, said irttersection being at
the Northwast- corner of Lot No. 14, Block "A"; thence, Westerly and Northuearnrly
along the Northerly "ne of Interstate SO to intersect the North Section lint
Section 18; thence, Easterly along said Northerly line of Section 16 to the point of
beginning.
530 544 5053 P_06
Apr-25-03 02: 16P RHRC TR�IgpE_ 10006
03/25/03 TUE 16:19 FAX 530 265 1234 NEV CO BD SUM
RESOLUTION No
OF THE BOARD OF SUPERVISORS OF THE COUNTY OF NEVADA
RESOLUTION OF FORMATION OF COUNTY SERVICE
AREA NO. 8 PROVIDING FOR REFUSE COLLECTION,
OPERATION AND MAIIQ W$CE OF A SANITARY
LANDFILL, ROAD MAINTTNANCE AND SNOW REMOVAL
THE. BOARD OF SUPERVISORS OF THE COUNTY OF NEVADA RESOLVES THAT:
Pursuafit to Resolution No. 80-111, a Resolution of Intention to
establ.is$. County Service Area No. 8, adopted by the Board of Super-
visors -iut,jn;*h 31, 1980, notice of the public hearing on the estab-
ljStMecz�,.of. this County Service Area was given by the Clerk of the
board-purauant to Government Code Section 6061; and
During the public hearing for the formation of said County Service
Area, the lands of the following persons were excluded from the service
area:
None.
This Board finds that protests sufficient to terminate the forma-
tion of the proposed County Service Area No. 8 have not been filed and
said County Service Area No. 8 is hereby formed and established without
an election.
The boundaries of County Service Area No. 8 are established as the
territory described in Exhibit "A", attached hereto and by reference
incorporated herein.
The area within this proposal shall be detached from County Service
Area No. 7.
The types Qf services to be perforued in County Service Area No. 8
are:
Mi.scellandbus extended services consisting of refuse collection,
-- operation and maintenance of a sanitary landfill, road maintenance,
and snow removal.
530 544 5053
P.07
Apr-25-03 02_ 16P RHP-C -,�� TRUCKER a007
03/25/03 TUE 16:20 FAX 530 265 1234 NEV CO BD SUPV.
PASSED AND ADOPTED by the Board of Supervisors of the County of Nevada at a regular
meeting of said Board, held on the 5 th — day of May 14$Q
by the following vote of said Board:
Ayes: Supervisors Dennis H. Hunyada, Robert H. Wilder,
Karsten Hance, Eric W. Road, Francis E. Covert..
ATTEST:
MELBA J. POLGlASE, County Clerk and Noes:
ex.afficia Clerk 'of the Board of Supervisors Absent:
By uty CI-Yk
DA a Ca ES SENT 1-0
F
�w
Jul 15 04 02: 40p Judy Price 530-582-2371 p. l
Sandy Sleski
Jean Peterson
Charlie White suggested the issues of a Homeowner's Association and of
assessing the property owners for on-going maintenance be addressed.
Council discussion— upon completion of Council discussion the following was
realized:
• Case law with regard to ownership exists, based on this the Town
does not own the road.
• Town is careful not to accept private roads therefore, not causing
taxpayers to pay for the maintenance of private roads.
• Town should help to correct the problems of drainage and erosion.
• Town to encourage Lahontan and Caltrans to participate in protecting
the quality of Donner Lake.
It was moved by Vice Mayor Susman, seconded by Councilmember Ingalls
and unanimously carried that based on presently available evidence West
Reed Avenue is a private road which the Town has no responsibility to
maintain,to continue the present offer of assistance to create an assessment
district(if a petition is signed by 213 of the property owners requesting that
assistance be received), and to continue the Town's commitment to BMP
installation at Donner Lake as part of the Donner Pass bike lane and drainage
improvement project.
8. PUBLIC HEARING
8.1 BOULDER'S TOWN HOUSE PROJECT REQUEST FOR REVISION TO HOUSING
AFFORDABIITY RESTRICTION APPROVED.
Tony Lashbrook,Community Development Director,stated representatives for the
Bouldees Town House Project are having a hard time selling the moderate rate
units due to Town restriction of a 30 year limitation on appreciation, currently
moderate rate units have a 3%or4%annual appreciation cap or a maximum sales
price tied to the moderate income level (currently about $70,000 per year for a
household)in effect at the time they sell their home in the future.
Mr. Lashbrook stated staff and the applicant have worked together to form an
alternative program that provides affordable units to qualifying families while not
losing restricted units if qualified buyers cannot be found.The proposed program
allows the following:
"Restricted" units to be sold at market rate through a commitment of the
developer to provide a $30,000 "silent second" loan that would only be
Town ofTruckee
May 1,2003 Regniar
Page 7
TOWN OF TRUCKEE
TOWN COUNCIL
REGULAR MEETING MINUTES
MAY 1, 2003, 6:00 P.M.
Town Hall
10183 Truckee Airport Road, Truckee, CA
1. CALL TO ORDER— Mayor Owens called the meeting to order at 6:00 pm.
2. ROLL CALL: Councilmembers Threshie, Ingalls and Florian, Vice Mayor Susman
and Mayor Owens.
Also present: Public Works Director/Town Engineer, Dan Wilkins, Community
Development Director, Tony Lashbrook, Town Planner, Duane Hall, Animal Control
Supervisor, Dan Olsen, Town Attorney, Dennis Crabb, Assistant to the Town
Manager, Alex Terrazas, Town Manager, Stephen Wright, and Town Clerk, Patt
Osborne.
3. PLEDGE OF ALLEGIANCE — Ruth Frishman
4. PUBLIC COMMENT
George Robertson stated signage is needed on Highway 89 and the overpass
showing direction to downtown Truckee.
Dan Wilkins, Public Works Director/Town Engineer, informed Mr. Robertson that
Caltrans would be providing signage at the end of winter.
Emilie Kashtan expressed concern with regard to unmonitored contamination going
into Donner Lake.
5. PRESENTATIONS
5.1 Mayor Owens presented William Le Dain an award for years of service on HPAC.
5.2 Dan Olsen, Animal Control Supervisor, presented a report with regard to Animal
Control. The report is on file in the Clerk's Office and contains the following: recent
events, control zones, animals handled, complaints, citations, regional park,
licensing, contracts, kennel operations,vehicle abatement and objectives for 2003.
Mayor Owens added Agenda Item 5.3, General Plan and HPAC Update.
Town of Truckee
May 1,2003 Regular
Page 1
5.3 Duane Hall, Town Planner, stated with regard to HPAC, the Planning Commission
will be holding two Public Hearings, May 14th and June 19th to accept public
comment on the Historic Preservation Program.
With regard to the General Plan, four (4)Workshops will be held on the following
dates: May 71h, May 21",June 4th and June 18th, 6:00pm, in the Council Chambers.
Mr. Hall stated for additional information a "General Plan Briefing Book"is available
on the web at Truckee2025.om.
Mayor Owens asked if Pat Davidson's issue of sending information to all property
owners had been addressed.
Tony Lashbrook, Community Development Director stated it would cost seven (7)
to ten (10) thousand dollars to send information to all property owners. That if
property owners are interested numerous announcements have been made as well
as 10 thousand plus copies of the Town's Newsletter (containing General Plan
information)were distributed by the post office.
6. CONSENT CALENDAR
Councilmember Florian asked that Agenda Item 6.3 (Professional Services
Agreement for Kennel Services) be removed for further discussion.
It was moved by Vice Mayor Susman, seconded by Councilmember Florian
and unanimously carried to approve Agenda Items 6.1, 6.2, 6.4, 6.5, and 6.6
as follows:
6.1 Minutes of April 17, 2003.
6.2 Treasurer's Report for February 2003.
6.4 Award of bid to Cruz Construction Company for Truckee Depot Parking Lot
Reconstruction in an amount of$$39,400. Town Manager to execute contract.
6.5 Award of contract to Mactec Engineering and Consulting Inc. for Trout Creek
Restoration Project Mitigated Negative Declaration Preparation and Analysis (CIP
#60-03-37).
6.6 Town Manager authorized to enter a contract amendment with Harding SES in an
amount of$2,500 for the purpose of additional design work for the Downtown Road
Realignment Project.
6.3 Town Manager authorized to enter into an agreement with the Humane Society
of Truckee-Tahoe to provide Kennel Operation Services.
Councilmember Florian asked if the current kennel attendants will be picked up
by the Humane Society and will the Town continue to oversee the kennel
operations.
Town of Truckee
May 1,2003 Regular
Page 2
Dan Olsen Animal Control Supervisor, stated the current kennel staff will be carried
over and that yes,the Town will continue to oversee the operation of the kennel.
Denny Dickenson requested neighbors of the kennel be informed of what is going
on at the kennel with re to the agreement with the Humane Society, asked about
a new kennel, as well as the $15,000 being spent on sound panels.
Mr. Olsen stated the $15,000 budgeted included sound panels as well as other
items. With regard to the new kennel it is a Council A+ Priority and the agreement
with the Humane Society will be ongoing at either facility.
It was moved by Councilmember Florian, seconded by Vice Mayor Susman
and unanimously carried to authorize the Town Manger to execute an
agreement with the Humane Society for kennel operation services.
7. COUNCIL IMMEDIATE PRIORITIES
7.1 WEST REED AVENUE OWNERSHIP.
Dan Wilkins, Public Works Director/Town Engineer stated the issue of ownership
of West Reed Avenue has been researched by staff, the findings are as follows:
• West Reed Avenue was dedicated by map to Nevada County. There is no evidence
the street was ever accepted or that the extent of the dedication was ever
determined.
• Neither Nevada County or the Town ever maintained West Reed Avenue.
There is no legal access to West Reed Avenue, given that the right of way
dedication, necessary to that access, was never accepted by Nevada County when
the adjoining condominiums were built.
West Reed Avenue does not and cannot reasonably meet Town standards for
acceptance or maintenance without a major reconstruction.
• Other substandard roads which the Town now owns or maintains are different then
West Reed Avenue and the Town was required to assume those obligations as a
result of the incorporation process.
• Nothing in the incorporation process required the acceptance or maintenance of
West Reed Avenue.
Possible liability for drainage, if any, in the area accrues to whoever created the
drainage condition, not the Town.
Mr. Wilkins stated, as committed during previous meetings, the Town will help
create an assessment district if the property owners can show 213 support. If not,
the Town will have no further involvement in West Reed maintenance issues and
the statues quo will prevail —West Reed Avenue is a private, non-Town maintained
street. However, the Town is committed to doing its share to protect Donner Lake.
Emilie Kashtan stated she lives in Greenpoint Subdivision and is representing a
significant number of property owners within the Subdivision. Ms. Kashtan informed
Town of Truckee
May 1,2003 Regular
Page 3
Council a 100-page document was submitted discussing many of the issues. Ms.
Kashtan thanked Town Engineer Wilkins and Town Attorney Crabb for
demonstrating, in this evening's staff report, that West Reed was not properly and
regularly maintained by Nevada County and now the Town of Truckee, which, has
been the property owners point from the onset of this issue. Ms. Kashtan continued
with the following statements:
• Property owner's testify that Nevada County maintained the road
sporadically.
The fact that the road is poorly maintained does not make it private.
• 97 non-conforming roads exist in Truckee that are maintained.
Diversions such as 180 and Donner Lake Road have altered the volume,
velocity, and direction of drainage.
Town's incorporation resolution states the reason for proposed
incorporation of the Town include but are not limited to securing local
control over traffic circulation, traffic safety, and road maintenance.
Securing to the people of Truckee the right and ability to determine their
future. The Town shall, at a minimum, provide those services as set forth.
"All county roads, storm drain facilities, easements and right-of-ways within
the boundaries of the Town shall be transferred to the Town and become
the Town's responsibility".
• In other Towns and Cities citizens basic experience and expectation is that
road service is standardized and paid through property taxes.
• Truckee continues with Nevada County's practice of patch working road
service and maintenance with the Town limits.
The Town has not looked to designing the best management practice of
standardizing road services and maintenance for tax-paying citizens.
• It is clear that Town service received depends on which neighborhood in the
Town that one lives.
• Opinions by staff and Council of road definition such as publicly maintained
road, publicly unmaintained road, private non-Town maintained street, etc.
are of course opinions until proper legal steps are taken.
• Legal niceties aside, I can assure you we have received several legal
opinions that consistently, diametrically, disagree with Mr. Crabb's opinion
and bias. Mr. Crabb perhaps has identified the current focus of the Town's
best in his statement, which reads, "Acceptance of West Reed Avenue for
maintenance would result in increasing ongoing maintenance expenditures
and additional liability exposure for the Town".
In essence this boils down to money the Town doesn't want to spend
toward their tax paying citizens, fundamental needs, protection, and safety.
This in counter to the incorporation intent and promises. Arguments of
those cooperating identified in the staff report appear to be intimating tactics
serving to cover up the issue and silencing those questioning or opposing
methods employed by some staff and Council. One can't grandfather in
neglect. The Town has a fiduciary and due diligence responsibility.
• We invite the Town Council to consider their Town citizens needs and
concerns and not operate deafly in exclusion of those needs and concerns
Town of Truckee
May 1,2003 Regular
Page 4
toward their own needs and desires.
Marty Woods stated some of her presentation includes written opinions from Mike
Thomas, Bob McConnell, Milan White, and Max Bailey, subdivision property owners
unable to attend this evenings meeting. We extend thanks to the Town Council
and staff for outstanding efforts in assisting our neighborhood in developing a
design to solve our road and drainage problems, and your patience exploring the
ownership and maintenance history of West Reed Avenue. Ms. Woods continues
with the following statements:
• In 1997 "our" neighborhood came together with 21 in attendance
unanimously approving a resolution to appoint"our" committee to research
road, drainage, and maintenance solutions.
• In 2001 the owners of 2/3 of "our' subdivision lots signed petitions for the
Town's assistance in forming an assessment district for road and drainage
improvements and future maintenance.
Caltrans created the drainage problem from 180 to Donner Lake.
Over the years properties and pavement have sustained damage due to 180
runoff.
• Improvements would benefit the neighborhood and the Town by reducing
the conveyance of sediments into Donner Lake.
• Financial responsibility should be shared among Caltrans,the Town, and the
property owners.
• Mike Thomas, property owner and hydraulic engineer wrote the project
involves the construction of road and drainage improvements. These two
systems are linked to each other with the road providing the means to form
and contain a drainage ditch and the road pavement providing a permanent
grade control that is resistive to erosion. When combined with culverts,
passing under the roadway, the proposed system would effectively control
the hillside drainage and confine it to designated drainage conveyance
areas. The road cannot be taken out of the drainage solution. Mike urges
the Town to explore grant funding from Regional Water Quality Control
Board as this project would help reduce sediment and organic loading on
Donner Lake and improve and maintain the quality of the Lake.
Bob McConnell wrote he urges the Town Council to continue to assist in the
formation of the assessment district with some financial responsibility from
the Town and Caltrans to provide adequate and controlled vertical drainage
to the Lake to reestablish horizontal drainage along the north edge of the
West Reed right-of-way, to rebuild a paved minimum width road bed with
appropriate slope to cause water to flow into the ditches and to provide
money for future maintenance and repairs.
• Milan White wrote emergency and service vehicles would have adequate
access if the road were upgraded as proposed by Shaw Engineering
options. Liability would be limited.
• The few people who oppose the roadway and drainage improvements are
sherking their responsibility as citizens of a community in need.
• "We" do not expect the Town of Truckee to pay for the whole project. There
Town of Truckee
May 1,2003 Regular
Page 5
should be a tri-part approach and financial support from property owners,
the Town and Clatrans.
• Max Bailey wrote he is 100% in favor of West Reed Avenue road committee
efforts and will support an assessment district.
• Pleased the Council appointed an advisory committee to work with the Town
to finalize a fair assessment allocation, which takes into account funding
from all three entities.
• A final vote for an assessment district requires 50.1% of the dollars
assessed.
Councilmember Threshie asked for the Town Attorney's opinion with regard to
specific case law that discusses the issue of dedication and what that means in
relation to this issue.
Dennis Crabb, Town Attorney stated there are two issues, dedication and
acceptance. Dedication comes in two sections 1924 to 1925 and post 1955. Prior
to 1955 there was no statutorily specified way by which County's accepted roads.
They were accepted by various ways by deed, resolution, ordinance, and in one
court case by "acceptance by conduct'. In 1955 legislation was introduced at the
request of the California Association of Counties, which, said there is no such thing
as "acceptance by conduct", there can only be acceptance by resolution (Streets
and Highways Code 941b).
If you assume there was not County acceptance by deed, resolution, or ordinance
and there was no"acceptance by conduct'on the part of the County, prior to 1955,
and no resolution after 1955 the standard was not met of 941 b and therefore, never
accepted by the County.
Under the Government Code the Town only takes what the County had, if the road
was never accepted by the County, the Town did not acquire it at time of
Incorporation.
Mayor Owens opened the issue for public comment, the following people spoke in
favor of the assessment district and financial responsibilities divided by Caltrans,
the Town, and the property owners:
Brad Woods
Brad Mills
Sheila Mullins
The following people spoke against an assessment district and financial
responsibility should be that of the Town;
Sandy Sleski
Jean Peterson
Charlie White suggested the issues of a Homeowner's Association and of
assessing the property owners for on-going maintenance be addressed.
Town of Truckee
May 1,2003 Regular
Page 6
Council discussion — upon completion of Council discussion the following was
realized:
• Case law with regard to ownership exists, based on this the Town
does not own the road.
• Town is careful not to accept private roads therefore, not causing
taxpayers to pay for the maintenance of private roads.
• Town should help to correct the problems of drainage and erosion.
• Town to encourage Lahontan and Caltrans to participate in protecting
the quality of Donner Lake.
it was moved by Vice Mayor Susman, seconded by Councilmember Ingalls
and unanimously carried that based on presently available evidence West
Reed Avenue is a private road which the Town has no responsibility, to
continue present offer of assistance for road repairs (if a petition is signed by
2/3 of the property owners requesting that assistance be received), continue
the Town's commitment to BMP installation at Donner Lake as part of the
Donner Pass bike lane and drainage improvement project.
8. PUBLIC HEARING
8.1 BOULDER'S TOWN HOUSE PROJECT REQUEST FOR REVISION TO HOUSING
AFFORDABIITY RESTRICTION APPROVED.
Tony Lashbrook, Community Development Director, stated representatives for the
Boulder's Town House Project are having a hard time selling the moderate rate
units due to Town restriction of a 30 year limitation on appreciation, currently
moderate rate units have a 3% or 4% annual appreciation cap or a maximum sales
price tied to the moderate income level (currently about $70,000 per year for a
household) in effect at the time they sell their home in the future.
Mr. Lashbrook stated staff and the applicant have worked together to form an
alternative program that provides affordable units to qualifying families while not
losing restricted units if qualified buyers cannot be found. The proposed program
allows the following:
"Restricted" units to be sold at market rate through a commitment of the
developer to provide a $30,000 "silent second" loan that would only be
payable at the time of re-sale of the unit and $6,000 in assistance with
closing cost. The combination of these two financial incentives allows a
household with an income of $70,000 to afford homes priced between
$240,000 and $300,000. The $30,000 silent second note is actually held by
a third party (at this time Nevada County Housing Authority). When a
restricted unit is resold,the Housing Authority receives the $30,000 from the
loan payoff, and if held for less than 10 years, a portion of the appreciation
Town of Truckee
May 1,2003 Regular
Page 7
in value realized by the seller. The Housing Authority will use the proceeds
to assist moderate-income buyers to purchase units in the Boulders or
elsewhere within the Town of Truckee. If an owner of a moderate-income
unit desires to sell, they must first offer the unit to the Housing Authority for
purchase. The Authority may purchase the unit to sell to another qualified
household. If not purchased by the Authority, the sale of the unit to another
qualified household is "incentivized" through the seller receiving a larger
portion of any appreciation in the price of the unit. Finally, if the developer is
unable to find a moderate-income buyer to purchase a restricted unit after
marketing the unit for 150 days, it may be sold to a non-qualifying buyer. If
such a sale occurs, the developer pays the Housing Authority $30,000.
Mayor Owens opened the Public Hearing requesting anyone wishing to speak in
favor or opposition of the proposed revisions.
The following people spoke in favor of the proposed revisions:
Bob Tamietti, Attorney, Boulder's Town House Project
Tim Galvin, Sales, Boulder's Town House Project
Jim Carney, Director of Housing and Community Development, Nevada
County
Ruth Frishman, citizen
Mayor Owens closed the Public Hearing reserving the right to reopen the Public
Hearing at a later date.
It was moved by Vice Mayor Susman, seconded by Councilmember Florian
and unanimously carried to approve the proposed program as a minor
modification to the project condition and authorize staff to execute the
Moderate Housing Agreement.
8.2 RESOLUTION 2003-15 ADOPTED ORDINANCE 2003-01 INTRODUCED WITH
REGARD TO 2.7% PERS CONTRACT AMENDMENT.
Mayor Owens opened the Public Hearing requesting anyone wishing to speak in
favor or opposition with regard to the proposed 2.7% PERS Contract Amendment.
No one spoke in favor or opposition.
Mayor Owens closed the Public Hearing reserving the right to reopen the Public
Hearing at a later date.
It was moved by Vice Mayor Susman, seconded by Councilmember Florian
and unanimously carried to adopt Resolution 2003-15 indicating the Town's
intent to approve an amendment to the PERS contract to provide the 2.7%full
formula for local miscellaneous members, to introduce Ordinance 2003-01
authorizing an amendment of the contract between the Town and PERS, and
waive first reading of the ordinance in its entirety.
Town of Truckee
May 1,2003 Regular
Page 8
9. STAFF REPORTS
9.1 DOWNTOWN PARKING ADVISORY COMMITTEE APPOINTED TO PROVIDE
INPUT ON SPECIFIC ISSUES THAT SHOULD BE ADDRESSED AS PART OF
THE DEVELOPMENT OF A PARKING STUDY IN THE DOWNTOWN AREA OF
TRUCKEE.
It was moved by Vice Mayor Susman, seconded by Councilmember Threshie
and unanimously carried to appoint the following people to the Downtown
parking Advisory Committee: Jerry Woods, Rich Crellin, Mitch Clarin,Allison
Pratt-Shelling, Shelly McGinity, Andy Otto, Tom Watson, Matt Ruanof, Wes
Beyer, Dave Giacomini, Steve Randall, Father Stanley Poltorak, Stefanie
Olivieri, Amora Higbee, and Kirk Short.
9.2 IT WAS COUNCIL CONSENSUS TO DESIGNATE MAYOR OWENS AS VOTING
DELEGATE AND TOWN MANAGER STEPHEN WRIGHT AS ALTERNATE
VOTING DELEGATE FOR THE LEAGUE OF CALIFORNIA CITIES GENERAL
ASSEMBLY "SPECIAL MEETING" TO TAKE PLACE MAY 15 IN
SACRAMENTO.
10. COUNCILMEMBER REPORTS
Councilmember Threshie — Corporation Yard meeting to define scope of work.
Vice Mayor Susman —Attended a social gathering where he spoke with Nevada
Senator John Ensign and found that western Nevada and Truckee have common
concerns with regard to Indian gaming, schools and the Federal budget.
Mayor Owens — Announced Senator 011er visited Truckee this past Friday and
toured the mill site, mouse hole, and propane leak site. Mayor Owens thanked Vice
Mayor Susman, Councilmember Florian, and Town Manager Wright for meeting
with the Senator.
11. ADJOURNMENT
Mayor Owens adjourned the meeting at 10:15pm to a Workshop, General Plan,
June 7, 2003, 6:00pm,Town Hall, and to the next regularly scheduled meeting, May
15 2003, 6:00pm, Town Hall.
Respectfully submitted,
APPROVED: PATT OSBORNE
Town Clerk, CMC
TED OWENS, Mayor
Town of Truckee
May 1,2003 Regular
Page 9
' , ' ter KUnoff
An Assessment 1
W
lTy
r ,
r t
L
4 x;�
ee
t R ' d
sion Above and Below Wes
and Ero
A enue, Truckee, CA*
f
Prepared For
Truckee Donner Public Utility District
11570 Donner Pass Road -
Truckee CA 96160
7, µ
Prepared By -
Inland Ecosystems
1000 Bible Way
Suite 16 ,E `
Reno, NV 89502
AA
.luny Zoos INLAID
ECOSYSTEMS
TABLE OF CONTENTS
1
1.0 INTRODUCTION
g 2.0 SITE INSPECTIONS AND PARTICIPANTS
1
3
3.0 RESULTS 4
3.1 Culvert Runoff From Above and Along Interstate 80 4
3.2 Hillside Runoff and Drainage onto West Reed Avenue 4
3.3 Runoff onto Donner Pass Road
13
4.0 PROPOSED SOLUTIONS 13
4.1 Culvert Runoff From Above and Along Interstate 80 14
4.2 Runoff onto West Reed Avenue 15
4.3 Runoff onto Donner Pass Road
( 5.0 TDPUD CEDAR POINT PIPELINE ALIGNMENT
18
6.0 STATE WATER QUALITY REGULATORY REQUIREMENTS 18
22
8.0 CONCLUSIONS
'v
List of Figures
Figure 1. Vicinity map of the north slope of Donner Lake above West Reed Avenue,
Truckee, CA.
E
Figure 2. Donner Lake precipitation data for the period November 15, 2005 to May 1,
2006. Data from U.S. Geological Survey.
Figure 3. Greenpoint Springs proposed drainage measures.
k
t 4
1.0 INTRODUCTION
Inland Ecosystems was retained by the Truckee Donner Public Utility District (TDPUD)
to assess surface water runoff conditions and erosion above West Reed Avenue in the
Donner Lake watershed (See Figure 1). For several years' homeowners in the area have
expressed their concerns, primarily in e-mail correspondences, to Caltrans, the Town of
Truckee (Town), Lahontan Regional Water Quality Control Board (LRWQCB), and
other stakeholders(recently the TDPUD) about the deterioration of drainage conveyances
and erosion occurring on the hillside above West Reed Avenue. In February 2003, leis.
Emilie Kashtan sent a letter to Caltrans regarding erosion and water damage to properties
on West Reed Avenue from runoff exiting culverts under eastbound 1-80 (See
Attachment 1). The hillside between I-80 and West Reed Avenue is steep and lies
between elevations 6,000 and 6,25.0 feet(See Figure 1).
The TDPUA also experiences problems with runoff on West Reed Avenue undermining
1 water and utility infrastructure. TDPUD staff has been called out on several occasions
during substantial rain storms to sandbag utilities and clear clogged ditches and culverts.
This assessment identifies areas that are contributing to drainage and erosion problems,
and suggest remedial measures.
2.0 SITE INSPECTIONS AND PARTICIPANTS
Site inspections-were conducted on seven specific occasions including December 23,2005
5- (E. Kashtan,Neil Kaufinan,and Glenn Merron); December 31, 2005 (N. Kaufinan),May
29 (E. Kashtan and G. Merron), June 6 (G. Merron and James Merron), June 13, Tune 19,
(Ed Taylor and G.Merron), and June 21,2006(G.Merron and Kevin Johnson).
The June -13, 2006-survey included:
v Dennis Jagoda.(Caltrans)
Pat Perkins (Town of Truckee)
N. Kaufman(Truckee Donner Public Utility District)
Foreman-(Southwest Gas)
E. Kashtan (homeowner representative)
Pat Taylor(Homeowner)
G. Merron(Inland Ecosystems)
j In addition to the above surveys approximately 2{l a-ma'I correspondences regarding
problematic drainage and erosion in the area were reviewed as background information.
The a-mails originate from the Donner Lake Community Association and the Green Point
Property Owners-and-were copied to Caltrans,-the Town of Truckee, TDDPUD,LRWQCB,
and other stakeholders.
Drainage and Erosion Assessment 1 July 2006
TDPUD Inland Ecosystems
r. L �.,. .
,
Hillside runoff
-:X ''
x Interstate .,
N- WN
80 r
m
b
�p�. r �u
.w'i, "�YLIt,.� �. �iFe- Y��f. n ♦ ,� � _,Vx _� � �� �., t dh" �7 d �H�w
, .. .�+ >w.�.t +"-'� s♦'.". � .m ! � rk �., { ' A - { � ��'lrtlr` .rN' i ^wR y(Mw...
n, n
7'. t:X�� ,� 4 f ~>ti !3 x `rr' rfl^:k°*+^ t ,,* i.•.
_iv.��� ` �isw ^'w.,�"w,�.w. '� + �4�e'rt.•�` w �s�ys.� �� f �,'°€ �At�. � ���� s .� s�i�' �L v T,:t':: "�F%.'�°'�,� '�",
O,W s._.
r'z,M3.
act
* * .A +�
3 t
0,1
1R
-. ,k � x Donner Pass Road
West Reed Avenue " a "
A
r
z ,
Figure 1. Vicinity map of the north slope of
4 Donner Lake above West Reed Avenue,
Truckee, California. USGS 7.5
_•
"` ' �' • ' "• '� °"� Minute Norden Quadrangle.
f 3.0 RESULTS
Substantial rainfall events during the 2005/2006 storm season resulted in above average
runoff conditions in the Donner Lake area. The December 30, 2005 to January 2, 2006
storm caused flooding and erosion along West Reed Avenue and Donner Pass Road.
Almost 10 inches of rain fell in the Donner Lake watershed during this time period (See
Figure 2). Precipitation in the form of rainfall during the month of December was greater
than three times the average monthly level. The magnitude, frequency, and duration of
precipitation events between November 15, 2005 and May 1, 2006 is provided in Figure
2 and includes rainfall and snowfall.
� a
DOER LAIC (N)
RECIPITRTIOH, I0M
I1DES
k
6
5
4
AUO-J�l 11 AiNAL* 'W",
25
2
1
0 20 25 Dec 10 0 20 25 4 Jan 10 :5 20 1, Fek 10 15 2) 3 Mar 10 0 20 25 Apr 10 15 20
0
Day o= th' Month 01-I -
,b
is
Figure 2. Donner Lake precipitation data for the period November 15, 2005 to May 1,
2006. Data from U.S. Geological Survey.
Drainage and Erosion Assessment 3 July 2006
TDPUD Inland Ecosystems
3
The following results on surface water runoff and erosion include the hillside below
� 3
Interstate 80; West Reed Avenue; and a section of Donner Pass Road.
3.1 Culvert runoff from above and along Interstate 80
There are two specific culvert locations from I-80 which discharge runoff on the hillside
-` above West Reed Avenue (See Figure 3). These two culverts convey runoff from above
and along I-80. A review of e topographic indicates at a
substantial area of hillside runoff is conveyed through theseculverts
The culvert discharging from under I-80 on the east side of the hillside has been undercut
r by erosion (See Photos 1 and 2). Runoff is not contained in the culvert (See Photo 3).
Several feet of sediment, cobble, and gravel from below and adjacent to the culvert is
being transported downslope (See Photo 4) and contributing to drainage and erosion
problems on West Reed Avenue. It would appear from the degree of undercutting that
erosion has occurred at this culvert area for several years. This culvert was partially
dislodged after a truck accident in 2003. Inland Ecosystems understands that Caltrans
reconnected the culvert. However, proper conveyance of runoff is not occurring as
evidenced by Photo 3.
The second Caltrans culvert discharges below I-80 onto the western end of the hillside
#` above West Reed Avenue (See Figure 3). During the December 30, 2005 to January 2,
2006 storm event, the velocity of runoff exiting this culvert and continuing downslope
resulted in erosion with sediment, gravel, and cobble being transported downslope (See
Photos 5-8).
3.2 Hillside Runoff and Drainage onto West Reed Avenue
During substantial rainfall events such as the December 30, 2005 to January 2, 2006
storm, problems from hillside drainage and erosion occur along West Reed Avenue.
During the May 29, 2006 survey, culverts on the north side of the road that should
convey water under the road were clogged with sediment and cobble debris (See Photos 9
} and 10). Hillside runoff observed on December 31, 2005 flowed over clogged culverts
and across West Reed Avenue undermining water and gas utilities and washing out
portions of the road(See Photos 11-13).
3.3 Runoff onto Donner Pass Road
Runoff from West Reed Avenue flows between residences in both natural and
homeowner modified drainage ditches (See Photo 14). Homeowners channel runoff
around their homes to avoid property damage. Much of the runoff is collected in a
drainage ditch on the north shoulder of Donner Pass Road and conveyed to culverts under
the road and into Donner Lake. There is a section of Donner Pass Road between the
residences at 15214 and 15234 where runoff sheets across the road (E. Kashtan, pers.
comm. 2006). Vehicles kick up both water and erosion debris (See Photo 15) that can
impact homeowner garages.
2006
Drainage and Erosion Assessment 4 July tDP� Inland Ecosystems
,I,
{
4
�¢
Photo 1. Looking upslope along at the Caltrans culvert on the east end of the hillside
., above West Reed Avenue. Photo taken June 6, 2006.
. w.
F
�z
� E � ,�' ram'•'V
Photo 2. Looking downslope along th taken June 6r2006 being
transported down the hillside above West Reed Avenue. Photo
6 July 2006
Drainage and Erosion Assessment Inland Ecosystems
TDPUD
the
C
"east" Ree6 High ��clocity runotf
�.
Avenue c uloe -._ outside culvert.
Iftw
NOT
y r
i
.e
r
t E `ode&maf�riaf 44 ving downstope
�4
to�v�t ds `V st Reed:Ayenue,
oil I
I - • • • • •• • • �- - •- 11
a-
e
d➢�f
z'
A -
t
A
Rif
a g
Photos 5 and 6. Culvert runoff from I-80 flowing towards West Reed Avenue. Photos
taken December 31, 2005.
8 July 2006
Drainage and Erosion Assessment Inland Ecosystems
TDPUD
a ,
r
c
r.
F ?a,
j p>
a 5 .a •
5.
i
{ Photos 7 and 8. Runoff discharging from culverts under I-80 moving downslope towards West
Reed Avenue. Photos taken December 31, 2005.
9
Culverts are clogged
and one is
completely buried
with sediment,
cobble, gravel
- and
ft
om uphill erosion
y�� y OF
-` Photo 9. Culverts on the north shoulder of West Reed Avenue have been clogged by
debris transported down the hillside. Photo taken May 29, 2006.
s
+ W.
e � use
( tt
i
€ y
a
uth side of West Reed Avenue does not convey
Photo 10. A culvert outfall on the so
on the north side of the road. Photo taken May
runoff effectively as debris clogs the inlet
29, 2006.
July 2006
Drainage and Erosion Assessment 10 Inland Ecosystems
TDPUD
Photo 11.
Eroded water
utilities on West
Reed Avenue.
a
At
Photo 13.
Eroded water
" utilities on West
Reed Avenue.
i
11
r .
4 Y
S h'
-S
New
. Drainage
Ditch.
Photo 14. A new drainage ditch below West Reed Avenue that was being dug on May
29, 2006 to convey runoff to Donner Pass Road.
a�
t
�t
Photo 15. Between the residences of 15214 and 15234 Donner Pass Road runoff was
ain storms, (E.
F observed sheeting across the roa Vehicles kick up both water and during several of the 5/2006 ero sonrdebris that can
Kashtan, pers. comm. 2006)
impact garages.
July 2006
Drainage and Erosion Assessment 12 Inland Ecosystems
TDPUD
t
4.0 PROPOSED SOLUTIONS
x
4.1 Culvert runoff from above and along Interstate 80
Solutions to the runoff and erosion problems originating above West Reed Avenue
should first begin with culvert runoff from I-80. During substantial rainfall events such as
the December 30, 2005 to January 2, 2006 storm, the volume of water conveyed by the
two culverts above the West Reed Avenue hillside results in high velocity flows causing
hillside erosion and downslope drainage problems.
-`
In an e-mail sent to Ms. E. Kashtan on January 13, 2006 by Ms. Judy Jones, Caltrans
District Engineer, two improvement projects have been identified along the stretch of I-
80 that lies north of Donner Lake. The first project will address roadway and drainage
issues along the westbound lanes from east of the Donner Lake Undercrossing to almost
` the east end of Donner Lake, and the second project will address these same issues for the
full freeway width from just east of Castle Peak Undercrossing to a point east of the
Donner Lake Undercrossing.
n
Inland Ecosystems discussed drainage and erosion problems above West Reed Avenue
with Mr. Ali Kiani, Caltrans Project Manager, on June 20, 2006. Mr. Kiani mentioned
that he would provide specific information on the two culverts above West Reed Avenue.
At the time of this report no information had been received. During the June 13, 2006 site
visit several areas near the culvert were marked with paint and it appears that Caltrans is
in the process of repairing the"east"hillside culvert.
Caltrans
E�
d
"east"culvert
¢, Eroded material
moving do slope
towards West z,
eed Avenue � �
a .
A
a
Photo 16. Neil Kaufman (TDPUD) and Dennis Jagoda (Caltrans) examining the "east"
Caltrans culvert above West Reed Avenue on June 13,2006.
July 2006
Drainage and Erosion Assessment 13 Inland Ecosystems
TDPUD
i
4,2 Runoff onto West Reed Avenue
Inland Ecosystems understands that West Reed Avenue is classified by the Town as a
'n "Publicly unmaintained road" which means that homeowners bear responsibility for
a review of
activities such as snow removal and d E om ils
stems, thereBappearased s to be a difference of
provided by Ms. E. Kashtan Y
y opinion between some homeowners and the Town regarding the ownership and
responsibility for maintenance of West Reed Avenue.
1 ,
t As Inland Ecosystems understands, homeowners who approached the Town to repair the
drainage problems on West Reed Avenue were advised to set up a Homeowners
Assessment District and assume responsibility for the road (E. Kashtan, pers. comm.
_ 2006). However, according to Ms. Kashtan, homeowners do not believe they are
obligated to assume the responsibility for the current drainage and erosion problems on
the hillside above the road. The issue of ownership and responsibility for road
maintenance is outside the scope of work authorized for this report and will not be
discussed further.
The Town did commission a study for West Reed Avenue drainage and paving
improvements in 2002. The plans were developed by Shaw Engineering and depict major
drainage conveyances including seven foot wide rock lined ditches (See Attachment 2).
These plans should be revisited in light of proposed improvements along I-80.
1 Southwest Gas and the TDPUD conducted a joint trenching project on West Reed
Avenue in 2002 to install water and gas lines. Water services to adjacent homes were
installed by the TDPUD in 2004. Southwest Gas installed the majority of its service
connections in 2002 with additional connections made in 2003 and 2004. Homeowners
have claimed that at certain locations drainage ditches on the north side of the road that
channel water into culverts leading under the road were filled in during construction
activities.
£. Culverts that convey runoff under West Reed Avenue should be cleaned of sediment,
cobble, and other debris before the 2006/2007 storm season. One culvert is buried, while
j others have become clogged and inhibit flow. Culvert outfalls on the south side of West
Reed Avenue should be reinforced.
A homeowners meeting took place on July 2, 2006 to discuss the drainage and erosion
issues above and on West Reed Avenue and Donner Pass Road. Inland Ecosystems spoke
with Ms. Kashtan on July 3, 2006 and homeowners will be preparing letters to state an
local agencies readdressing their concerns. Possibly the Town of Truckee, Southwest
Gas, and the TDPUD could assist with drainage improvements by restoring ditches and
culvert conveyances at those locations that require improvements before the next storm
season. Figure 3 and Photos 17 and 18 identify locations where drainage ditches could be
restored to direct runoff into existing culverts.
006
Drainage and Erosion Assessment 14 July TDPUD Inland Ecosystems
4_f
For the purpose of this report, Inland Ecosystems has assumed that long term road
p
maintenance on West Reed Avenue would be the homeowners' responsibility. A
homeowner organized road maintenance and snow removal program is in place for
sections of Denton Avenue and Pioneer Drive. Inland Ecosystems spoke with Dr. Susan
Lindstrom on June 16, 2006. Dr. Lindstrom is a resident of 14931 Denton Avenue and a
participant in the homeowner run program. Homeowners in this program pay $250 per
oval, and vote on what road repairs need to
year towards road maintenance and snow rem
be completed. Over the past month drainage ditches have been cleared along stretches of
Denton Avenue and Pioneer Drive and runoff has been directed to an existing drainage
`r ditch that will allow more efficient drainage in future (See Photos 19 and 20).
Homeowners meet and discuss what drainage and road maintenance projects need to be
completed which depends on the intensity of storm events and degree of sediment and
debris movement from the hillside above Denton Avenue.
4.3 Runoff onto Donner pass Road
Flow conveyance should be reestablished along the section of the road near 15214 and
l 15224 Donner Pass Road by establishing a small ditch to direct water into a culvert on
the west side of the 15234 property. This will alleviate water and sediment debris from
sheeting onto the road surface where vehicle traffic splashes water and debris back onto
driveways and garages.
{
Drainage and Erosion Assessment 15 July 2006
TDPUD Inland Ecosystems
` Photo 17.
A drainage e ditch
s g
�- '- - should be
p„ established along
the north shoulder
of West Reed Ave.
- Photo taken May
. - 29, 2006.
_ f
Y
a
-.
Photo 18.
Another proposed
- location for a ditch
�t �s
along the north
shoulder of West
Reed Ave.Photo
taken May 29,
v j _ 2006.
_ y
16 July 2006
Drainage and Erosion Assessment inland Ecosystems
TDPUD
w
g' 2.
Y ;
r :e
Recently cleaned
ditches along
A Pioneer Drive
3.
Y I,
7 i
x x?
e,
Cobble was placed
above a drainage
- -, ► , ditch to contain
runoff within a
natural pathway
i
Photos 19 and 20. Ditches along Pioneer Drive were recently cleaned and runoff
contained as part of a homeowner controlled road maintenance program. Photos taken
June 13, 2006.
1� July 2006
Drainage and Erosion Assessment Inland Ecosystems
TDPUD
4,
L
5.0 TDPUD CEDAR POINT PIPELINE ALIGNMENT
In 2004 the TDPUD installed a water pipeline across the hillside above West Reed
Avenue as part of the Cedar Point Pipeline Project (See Figure 3). Remedial measures
were taken to restore water conveyance at two drainage crossing after construction was
complete. However, due to- the- intensity--of-,the runoff from the- I40 culverts- in
2005/2006, the TDPUD will need to restore these conveyances and repair other
associated erosion problems (See Photos 21 and 22). The TDPUD intends to restore the
remaining area of the alignment this fall once installation of an-electric line through an
underground conduit is completed.
The TDPUD also installed a pipeline downslope from the Cedar Point alignment to West
Reed Avenue in 2004 (See Photo 23). Amer pipeline installation this alignment was
mulched with pine needles, and hay bales were placed at key locations to reduce runoff
velocity (See Photo 24). A photograph of the site taken on June 21, 2006 demonstrates
that restoration of the former construction area is occurring (See Photo 25). No evidence
of substantial erosion is evident at the site.
F
A section of the TDPUD's alignment crossed the west end of Mr. Robert Montano's
property located above West Reed Avenue (See Photo 26). The area depicted in Photo 22
is planned for asphalt paving and will be used as a driveway by Mr. Montano. Inland
Ecosystems found no substantial evidence that the installation of the Cedar Point pipeline
significantly accelerated erosion above West Reed Avenue (See Photo 27).
6.0 STATE WATER QUALITY REGULATORY REQUIREMENTS
federal Clean Water Act 303 d
The Truckee River and its tributaries are classified as a f e ( )
listed river for sediment pollution. The Lahontan Regional Water Quality Control Board
(LRWQCB) establishes water quality standards and objectives that protect beneficial uses
of waters of the state for people as well as wildlife.
On-going erosion from hillside runoff above West Reed Avenue is a concern for the
LRWQCB. Sediment entering Donner Lake from erosion affects the waters beneficial
uses. Inland Ecosystems contacted Mr. Alan Miller, Chief of the North Basin Regulatory
Unit, LRWQCB,-on June 15, 2 " as part of the research for this report. The LRWQCB
informed Inland Ecosystems that Caltrans will be upgrading drainage systems and storm
water pollution controls on I-80 to comply with the National Pollution Discharge
Elimination System (NPDES) permit requirements for adequate drainage and off-
highway erosion.Inland Ecosystems understands that preliminary design plans have been
submitted to the LRWQCB for review.
Drainage and Erosion Assessment 18 July 2006
TDPtJi)
Inland Ecosystems
Erosion has
occurred on the
Cedar Point
y � alignment from I-
-
SO culvert runoff
and needs to be
repaired and
restored.
c
}
This drainage
channel eroded
due to high
velocity runoff
A.
_s
r,
� w
Photos 21 and 22. Areas along the Cedar Point Pipeline Alignment that require
improvements. Photos taken May 29, 2006.
Drainage and Erosion Assessment 19 July 2006
TDPUD Inland Ecosystems
f
West Reed Avenue
Photo 23.
- The TDPUD installed a
water pipeline from the
y, ' Cedar Point alignment
.:
downslope to West Reed
Avenue in 2004. Photo
a � ri taken August 2004.
: t
Photo 24.
�I s� Erosion control measures
were implemented on the
site in September 2004
after the completion of
construction. Photo taken
October 2004.
4
t
F
Photo 25.
>. A photo of the
F` construction area taken on
June 21, 2006. No
substantial erosion has
occurred in this area of the
r
hillside.
"_f Are
20 July 2006
Drainage and Erosion Assessment Inland Ecosystems
TDPUD
Y
i
P -
r
r.
1
Photo 26. The west end of the TDPUD's Cedar Point pipeline alignment through the
" Robert Montano property that is planned for asphalt paving. Photo taken December 31,
2005.
8 2
a„
r
' � a
•
s
F '
Photo 27. A section of the west end of the TDPUD's Cedar Point pipeline alignment.
No substantial erosion is occurring along the alignment. Photo taken December 31, 2005.
21 July 2006
Drainage and Erosion Assessment Inland Ecosystems
TDPUD
R`
_.1 7.0 CONCLUSION
Rainfall events during 2005/2006, particularly the December 30, 2005 to January 2, 2006
storm which dropped almost 10 inches of rain in the area, resulted in severe runoff
conditions below two I-80 culverts above West Reed Avenue. The volume of water
conveyed by the two culverts during substantial storm events results in high velocity
flows causing hillside erosion and drainage problems downslope. According to
homeowners the runoff in 2005/2006 created new channels with water flowing in areas
not previously observed. There was no evidence that any homeowner altered runoff
conditions at the I-80 culvert outflows.
Ms. E. Kashtan who represents several of the homeowners along West Reed Avenue and
Donner Pass Road has contacted Caltrans about the erosion of the hillside below the two
I-80 culverts and drainage problems on West Reed Avenue. During substantial storm
events, erosion created by hillside runoff will continue to contribute to sediment and
cobble movement downslope to West Reed Avenue and problems with drainage.
Homeowners feel that Caltrans is responsible for providing adequate drainage and
.erosion control below the two culvert outfalls above West Reed Avenue. During the June
13, 2006 site inspection, a homeowner claimed that there was a lawsuit brought against
Caltrans around 1961 that required this agency tG improve drainage conditions and place
a culvert at 153214 Donner Pass Road (See Figure ). Inland Ecosystems was not able to
verify this apparent action.
Y
In an e-mail sent to Ms. E. Kashtan from Caltrans, two improvement projects have been
identified along the stretch of I-80 that lies north of Donner Lake. Improvement plans
should consider the volume of runoff carried by only two culverts above West Reed
Avenue. At the time of this report Inland Ecosystems had not heard back from Mr- Kiani,
Caltrans Project Manager, on specific information for the two culverts above West Reed
Avenue. During.the June 13,2006 site inspection the "east"culvert area was marked with
spray paint and it appears that Caltrans is in the process of repairing this culvert.
Other factors that contribute to problems with drainage on West Reed Avenue and
;,. sections of Donner Pass Road include homeowner driveways that interrupt drainage
conveyance by filling in ditches, drainage conveyances around homes that are not
riraintait a .and the use of West Reed Avenue:by:heavy etluiPment during:home.building
and/or maintenance. There are several sections of the road where the asphalt pavement
has been damaged and/or completely removed.
It-is suggested that a collaborative plan involving Caltrans, the Town, TDPLID, and
Southwest Gas be formulated and implemented to repair and/or restore culverts and
drainage ditches from under I-80 to West Reed Avenue and downslope to Donner Pass
Road before the 2006/2007 storm season. Long. term road and drainage ditch
maintenance on-West Reed Avenue may be the responsibility of homeowners and,
similar to the example provided in this report for homeowners along sections of Denton
Avenue and Pioneer Drive:
Drainage and Erosion Assessment 22 July 2006
TDPUD Inland Ecosystems
a
a
ATTACHMENT 1
February 2003 Letter Sent to Caltrans
from Ms. E. Kashtan
4
i
t
1
FOq t ili .l4ashtan
T To: Anne Grogan
Sent: Sunday, February 23, 2003 3:23 PM
Subject: Cal Trans Letter
i
To: California Department of Transportation
Jody Loneigan, District Director-District 3
703 B. St.
Marysville, Ca. 95901
Re: Drainage Problems off of Interstate 80, above West Reed Avenue in Truckee
California
i.} Some of my Green Point Subdivision neighbors a.k.a. Donner Lake Residents a.k.a.West Reed
Avenue Residents, and I attended a meeting on July 13, 2000, hosted by Carl Dreher, Project
Manager for Cal Trans, and Brent Meyer,Transportation Engineer presenting two projects at the
. Truckee Donner Pud in Truckee California.
t
At that meeting many of us voiced the problems of the drainage and culverts from Interstate 80
on to properties and West Reed Avenue. I additionally submitted these concerns in writing as a
t"
j matter of record, at the meeting. I have never heard any response nor seen any action.
I tried to contact.Mr. Dreher February 7, 2003 , leaving at least three telephone messages. He
responded to my telephone call February 11, 2003, and I requested to review the public folder
and comments for the July meeting. In the interim, I contacted Brent Meyer regarding viewing the
public folder, he clearly recalled that while he was presenting two other projects, many people
st Reed
the rainage on the hillside and on to W
were more concerned own to Donne�Pass Road Hempining tsa d that he felt that the property owner's request
Avenue an
was denied because of"lack of funding".
I was then referred by Mr. Dreher to David Lopez,the new Project Manager for the area in
question. When I contacted Mr. Lopez, he requested time to locate the folder and prepare it for
public viewing. I contacted Mr. Lopez this morning, and he informed me the folder was ready for
I review.We met at 11 a.m. and I found Mr. Lopez to be receptive to listening to the drainage and
E % d West Reed Avenue. I also informed him of a Town
damage concerns regarding.Interstate 80 an
of Truckee Council.meeting February 20, 2003, where"West Reed Avenue" is on the agenda.
I am writing you today with these concerns regarding the water drainage coming off of Interstate
80 on to private properties and West Reed Avenue.
I understand that there have been informal discussions between Cal Trans and Dan Wilkins with
_? the Town of Truckee regarding drainage issues on West Reed Avenue.While Engineering Plans
have been developed with potential Cal Trans repairs to be$157,935, it is my understanding that
Cal Trans is not prepared to fully cover those costs, as reported by Mr.Wilkins in his"staff report"
to be presented to the Town Council February 20, 2003. It states, "Preliminary discussion with
Caltrans' hydraulic division indicates that Caltrans may be willing to contribute up to$100,000
towardoesn'tcover any damage to West Reed nor edrainage int with the mprovement on that wn". I further
that this
cost d
Since The Town and Cal Trans have elected to meet and negotiate repairs, absent of involved
property owners, I am writing this letter to represent those property owners interest, and request
that the proper repairs and maintenance be conducted. I represent a significant percentage of
property owners, whose written approval and support in my effort, has been submitted to the
Truckee Town Council.
It seems that the Town and Caltrans are responsible for diverting and concentrating drainage
from Donner Lake Road and 1-80, without adequate dispersion, onto private property and onto
c_ West Reed Avenue. To be specific,when alterations or improvements on upstream property
j ' discharge increased volume and velocity of surface water that is concentrated in limited periods
x of time, onto a watercourse that causes downstream erosion and property damage, Case law
seems to indicate that the public entity is liable for that damage based on the rule of
reasonableness (Lockilin v. City of Lafayette, among others). Apparently the culverts installed off
1-80 and Donner Lake Road were insufficient to properly discharge the water volume in a
reasonable manner, demonstrated in action taken against Cal Trans by Phillip and Priscilla
k. Parker(APN#17-182-16)where they recovered remuneration for damage to their property. A Cal
Trans engineer found that in a cost cutting effort, too few culverts were installed in this area.
Further evidence of some drainage and engineering failure resulted in the retrofitting of long
drains along the Schoof property(APN#17-181-11), and a concrete"aqua duct" along the
Ormsby property(APN#17-182-13), located in the Green Point Subdivision. The reduced number
of culverts have focused increased water volume and velocity causing hillside erosion. Currently,
as a result of failure to maintain the culverts and drainage channels, a more general erosion has
occurred on the hillside, there are holes in the culverts, one draining water in the wrong direction
on to down hill properties;and damage and failure has occurred to properties and West Reed
a fractured egg. Only recently has a section of
Avenue:West Reed Avenue was left looking like
West Reed been re paved through a joint trenching effort by Southwest Gas and Truckee Donner
PUD during a water main installation. A temporary fix.
Since the 1-80 engineering was designed in the 1950's, it seems reasonable for Caltrans to
r, readdress the engineering and existing deteriorating structures and correct the current drainage
t lems, now almost half a century later.prob That Cal Trans was both verbally and in writing notified
t. et to respond or take action is also of concern. I was
of drainage problems in July 2000, yet have y
told that there is a 30 or 45 day period requirement to respond to complaints and identify action to
t" take for repair. Homeowners can not be asked to continue to tolerate this on going drainage and
resulting damage off of Interstate 80.We do beg the question, "what is it going to take for Cal.
x Trans to address the drainage and communication failures?"
1 respectfully request that you look into this matter, that I be included in discussions between the
Town of Truckee and Cal Trans to represent property owners interest, and that I be kept in
formed of any action, plans, or repairs affecting Green Point Subdivision. I am not opposed to
communication via e-mail. My e-mail address is ekashtan@prodigy.net.
For your convenience, the"complaint"that I submitted and is in the"public folder"follows. Excuse
the poor syntax as this was handwritten on a small card. I await your response.
Respectfully submitted,
Emilie Kashtan
15234 Donner Pass Road (APN#17-182-23)
Truckee, Ca.
cc: David Lopez, Project Manager
Green Point Property Owners
Dan Wilkins, Public Works Director,Town of Truckee
Town Council Members, Craig Threshie, Beth Ingalls, Ron Florian, Josh Susman
Mayor, Town of Truckee, Ted Owens
a
]k
9
ATTACHMENT 2
Shaw Engineering Report
October 2002