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HomeMy WebLinkAbout7 West Reed DrainageAgenda Item # 7 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, I 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 91t DATE: FROM: Memo Prepared - 8-31-01 Meeting Date - 9-6-01 4o) Honorable Mayor & Councilmembers Daniel P. Wilkins, Public Works Director/Town Engineer t! n 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 coopetation 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 bids range from approximately $32,000 to $37,000. Upon receipt of the last of the bids, the homeowner's 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 the 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 11/'28/2000 • Dear Neighbors, We have . enclosed a petition for you to . sign and return as soon as possible. 'The petition requests the assistance of the Town of Truckee. to help us form an 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 find 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. Town Council Maw Schneider, Mayor °obert W. Drake andd J. Florian Donald C McCormack Joshua I. Susman November 29, 2000 Mrs. Marty Woods 15104 Donner Pass Road P.O. Box 8370 Truckee, CA 96162 Subject: Reed Avenue Drainage Dear Mrs. Woods: Deaan'me nt Heads Stephen L Wright, Town Manager J. Dennis Crabb. Town Attorney Thomas E Covey. Public Works Tony Lashbrook Community Develop uent Jig R OLsen. AdminirtratiW Services Pall Osborne. Town Clerk Danid P. Wiliam Tows Engineer 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. Michael Vaughan or myself at (530) 582-7700. Sincerely, ,�,, ,,Q Q• / YVu�' Daniel P. Wilkins, P.E. Town Engineer Attachment: Reed Avenue map with drainage comments 10183 Truckee Airport Road, Truckee, CA 96161-3306 Administration: 530-582-7700 / Fax: 530-582-7710 / e-mail: iruckee(jownotruckee.com Community Development 530-582-7820 / Fax: 530-582-7889 / e-mail: cdd@rownoftruckee.com Animal ControVNehicie Abatement: 530-582-7830 / Fax: 530-582-7889 / e-mail: animalcontro1@townoftruckeecoin - ember 27, 2000 Don McCormack, Mayor Truckee Town Administrative Center 10183 Truckee Airport Road Truckee, CA 96161 Dear Mr McCormack, !�i..-1 I I FN 12: 32 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 Dormer 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. In addition, for many years we have not seen an accounting of the finds 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 run 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 will continue, most likely leading to litigation We drainage changes, and a lack of individual accountability for damage impartially 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, % /lack and Emilie Kashtan , 15234 Dormer Pass Road Truckee, CA 96161 1,c TOWN OF �1�JC�E '1 11 X111 ]w srl�r MEETING DATE: May 1, 2003 TO: Honorable Mayor & Councilmembers FROM: Daniel P. Wilkins, Public Works Director/Town Engineer Dennis Crabb, Town Attorney SUBJECT: West Reed Avenue ownership update and conclusions Approved by: ent-Wright, Town Mana 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 relevant to 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. c. 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 Co 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 3 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 4th 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. 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 report will 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 TRACT /AAP CONEHT,NO OF 25I4T5 wrr/ FOR CONOO,AINIUM PURPOSES DONNER PINES WEST UNIT I BEING O PORTION OF THE /AcGLASHEN PF%OPERT;J. SUB 1-39 AL50 BEING p tR)RTION OF THE NORTHWEST Y4 OF SECTION 14T ITN R 15 mD/A IN THE UNINCORPORATED TYiRRTTORV OF TN COUNTJ of NEVtlDLIC/-\LU ORHIL� SCL\LE t'•40' J,6.RCN 1973 ,GNHINO� ��lR110'Tfi�IM{IWC. WG HEREBY CERTIFY THAT DONNEER LAKE HO1405, LTD. A LI/MUTED PARrNER5HIP15 TNG OWNER Or RECORO HOLDER Or SECURITY INTERESTS THEREIN OR ARE INTGRGSTGO IN THE LAND INCLUDED WITHIN TIE SUBDIVISION AND PROJECT SHOWN ON 11415 MOP WITHIN THE COLORED BORDER LINES ONO F 4er WE CONSENT 10 0.114 FIL INS OF THE WITHIN COHLVSINUA PLAN R1RSU6NT To CHAPTER I. TITLED PART 4 DIWSION SECOND OF THE CIVIL COOS 6I -ID TO THE PR6PARATOcl 60/0 FILING OF SAID 040 ANO SL'SO10.1 WE HEREBY DEDICATE RIGHTS OF Why AND EASEMGNTg t11R WATER, GAS, 60/0 SGWGR AND FOR POLES ANCHORS 8140 GUYS, OVERHEAD/OD UHOERORJUNO WIRES AND CONDUITS FOR ELECTRICAL ANO TELEPipNG SERVICES TOGETHER W1IN AMY 61 -ID ALL OPPVRTGN614CER APPERTAINING THERETO ON OVER. ACBYSS AND UNDER PARCEL'S' A5CEP711YG TNER6FTCoo UN1 TA—�_TNRDLL;N ' 65 5140101.1 IKON THIS /SAP RJR CON OCYUNIUA PURFb965 AND Orr5R FOR DEDICATION AND CO HEREBY DEDICATE ID THE COO/TV OF NEVADA ERAHV 6140 ALL PUBLIC 1,114650447 RTRTION OF LAND 514011/4 6140 0R5G14405 65'REHDAVENUE,' IN './1 THESe WHesSor SND RLRTNaREN,P HAS G%ECulEO 01550 FKSGNTS M ITS OFFICERS THEREUNTO PULY6U1TbR,IHD TH5Z_gAY Dol„nsr L.aake. Hom¢a,Ltt . TEP RMRTN4REN,P 61. DONNER RIVES IN a c�mr• Y n d ANO 04{iUAL PARrN64 'state o4Caliromia County oFSanta Cara On April10 before me,lhe UTlderit$ned,a Notary Public In o for said 6!ate,pereonayappeared WIlliam C.F1tch known to meio betha.ple9- ident ; CharleVG t�ucrt known tome to be the Secretary or Donner Pines Inc. the corporation that executed the w;Ihin ilwtrumeniekrowrl !o me lobe the persons who executed the within instrument On behalf of maid corporation said corporation betbeir known to me to be one ol'the partners or'DonrTer Lake Homes ,&]d a limited partnership the partnership that executed the within inslruma,nte. knewtcd- ned to me that such c,or pora tton executed the same a5 such part- ner { that Such parfnerehfpp executed the 5amtnars m ofALLal seat -'/ // /6YA ., j.ha166 N ORY PUBLIC IN { FOR 9Ar0 COUNTY OTAT THE UHOERS KTNfiD HEREBY CERTnE9 THAT THEY HAVE SOME RIGHT, TITLE AND INTEREST IN AND lb THE REAL PROPERTY INCLUDED WITHIN THE SUB- DIVISION 51101001 UPON THIS ASP ONO THAT W6 CONSENT TO THE /MK1NG AND FILING Or SAIO .11404N0 SUBDIVISION AND COND04VNIL]M PLAN PLISSLIENT To CHAPTER I, TITLE G P\Rr4, DIVISION 5000ND, O: THE CIVIL CCOS INTER -COUNTY NILE COMPANY, INC. IFC BnLLARO 15051044,0 COMpNJY, INC. d TRU6l'EE U-IDMR DEED Or TRUST as BENEFCIARV uNGERDEEDOF TRUST VICE P E9 t0NT STATE OF CALIFORNIA COUNTY OF J ADA OH TH,9iZOAV OaI97* BEFORE MEC=oa.T i..rt NA 1018011 04000 WAND FORTIECAUNTV OF NEVADA STATE OF CALIFORN W,RESIDING THEREIN Du Lv COQ 1561011 ED AND SWORN PBRSO MLLV APpcowso EARL 0.0010 KSON, KNOWN TO WE Tb BE THEVIrR PD Es OF TFIE CORPORATION TNATEI/EC- UTED 7µE WITHIN INSTRUI\ENT AS TRUSTEE /110 K»O.vN TOME TOSS THE PER505 W/40 E%CCUTED THE WITHIN INSTRUMENT ON BEHALF Or 'FLIP CORFORATION THEREIN N64/PO AND ACKNOWLEDGED TOME. 11181 5001.1 COR OORITIOI+ E%6LUTEu THE SNAG PURSUXV-IT TO IT'S BV -LAWS OR A RLa- OLUTIOLI Or 175 BOARD Or DIRECTORS, WITNESS MY 518540 [WD OFPKIAL Siu GHEIIPo 9i[ /* FIRST ABOVE: WRIT TEN. COa1/n15SION EXPIRES t NOTARY PUBLIC IN AND TOR THE,2'OUNTy OF NE V6L16 5TATE of CAurORN IA Restrtct,ons 643/405 O.R. I,ROBERT A. PONDEAU ,DO HEREBY CERTIFY TH6T IAA A LICENSED LAND SURvGyOR OF THE STATE OF CALILTJRHIA ANO 71415 41450 FroIETNS, OF25HEE75, CORRECTLY REPRS IGNT5 A SURVEY /ADE BY MG ORUNDpt AY SUPERVISION IN .h/ne i9T2 AND THAT ALL I a/UoIENT4 SHOWN AND TLUFIR PCIETON5 ARE CORRECTLY SHOWN. TAN 6CIUALLY EYIST DATEo HIS�OAY OF _A'fp � 17M. ST 6 tI.4114U% 14 570. i V. HARR•J HIDER, COUNT) SURVEYOR OF THE COUNT) a McVApA,STATE OF CALIRDgNI0 OO 1165665 CERTIFY 714671 HAVE EXAMI1-450 115 FINAL /5/p AND TWAT IT IS SUp6TAHTIALL' THE 6AAE AS IT APPEARED ON THE TENTATIVE MAP 6110 THAT ALL PROVISIONS Or THE SUBOVISION AAP ACT 6140 LOcCAL ORDINANCES APPUCABLE AT THE TAE OF APPROVAL OF THE TENTATIVE AM HAVE BEEN CORCLIGD WITH AND THAT I AA SATI5FlED THAT SLID/MP IS TECHHIC0U CORRECT AND THAT I RECOMMEND THIS MAP SEAFOOD/AD As PRESENTED. 06TED THIS.�')DAOF =• COUNT U COUNT) OF NEVADA STATE OF CALIFORNIA THE PLANNING COAM15510N OF THE COUNT) OFNEVADA,5TATE OFC4LII^- ORNIA HOSES.) RECOM/AENDS APPROVAL Or M5 /56P OF DONNGR 01155 WEST -UNIT 1. STED THIS,DAS OF 1573 DI A N 114115 15 TO CERTIFY TINA r THE BOARD O<' SUPER V 15055 0,= THE COUNTY 00 11644115 STATE OFCALIL 1I4 CO H0055/ APPROVE M. FILOll THE MAp OF ? SHEE 15 ENTITLED CANNER RIVES WEST UNIT 1 ANDACC OPT FOR DODCC1bN THEREOF THE AREAS OF PARCEL 'b' LYING OUTSIDE TWG 001101513 UNITS NOS / 7HROUp H-JV FOR PUBLIC UTILIry PURPOSES, THE OFFER OF DEDICATION FDR REED AVENUE' IS NBITHER 40060700 NOR REJECTED dT TIS TI/AE ONO THG OFFER OF DEDICATION FOR THIS ITEG\ Rs 70 51050114 00011/ UNTIL EL1CH lOSE AS THE RD OF SUPERVISORS 0171455 ACCESTs OK REJECTS IT, Tear Ero40W 4' /MM✓/FAef' O/fl wfN/YY40 . r iflpp ,A✓r aq'.5., .4ta,.E s.r..t 'ra. gtlOl Oll,Ww.v NeafoN. OeiO WJOAT m/�.... cFere LIB rate/C' I ARCELLA C/R55OIJ TAX COLLECTOR IN AND nJR THE COUNTY OF NE/ATE S1015 5 OF CAUFORNt6 00 14ER66Y CERTIFY 1146171/05,44455 No UNPAID 70405 80411/ST THE TRACT OF LANDS INCLUCED WITHIN LUNNER PINES VEST. UNIT I EXCEPT TAXES NOT '4010000* 0646516, I ESTIRIATE THE LATER NOT TOEXCEED ? ,la J/ta ')],.T.,... "II, ]/F1 114114114,155 WHEREOF I HOVE HEREUNTO SET MY HAND T1415,,4 DAY OC,..4aIRIC. AX COLLECTOR IN AND fpR TN6 H I Or N V6 5TATE O CALIORNI . STATE Or CALIFORNIA COL1NTy OF SNWTA CLARA}Sr'. ON Tµ13_0411 0F5,,,I973 1973 BE/ORE WE ,NAND FOR THE COUNTY OFSANT4 CL/RA STATE OF CALIFORNIroTRESIDN CT IC TNEREIN,OULY COMMISSIONED 4110 SWORN PERSONALLY APPEARED -MOWN TO ME TO Be THE ^F THE CORPORATION THAT EXECUTED THE WITHIN INSTgIJIIIEHT 815 BElIEF- IC/ARY AND KNOWN To/SE TO BE THE PERSON WHO EXLCUTHDTI-IE 011114,11 INSTRV AEHT ON BEHALF Or THE CoRFKJRATION THEREIN NAMED 4140 ACKNOWLEDGED TOME= THAT SLICE CORPORATION EXECUTED THE SAME PURSUANT TO ITS BV -LAWS ORA RESOUJTON Or ITS BOARD OF DIR- ECTORS, \YITNE55 MY HAND 41,140 OFFICIAL SEAL THE OAAND YEAR, FIRST ABOVE lJRITTEN. MY COIl/sI S1oN E%ORBS_ NOTARY CALIFORNI1.4,A5 INNJD FOR THE COLWry Or SANTO CI.A{tLY STATE of HEREBY CERTIFY TI AT TITLE CERTl FlTATE' lb. /192 •WA5 FILED WITµ TI/IS OFFICE TH PLAT MAP WAS ACCE O THAT or� VUOOWISIONS AT PED FOR RECORD AND RECORDED IN BOOK —�+- aA1573, AT ,/7. ,\, �?�CUMENT NO OH L -CORDER NEVA�L�� COL�pjTy CALIFORNIA CC SHEET I OF 2 SHEETS HI, J 0 z 3� uZS� K z w z3H 36 N ', i Z W WEW W= a a o �- F� W 8s Z mz� ova �rvY� ua g" gym. LL 2o hi UE Z W Z + A � � 0 fi m U UI FQ•'ZgZ`A ZZZ¢¢ �d�j�J ZN C NOW O � r7 Vef�WF � Z GF o 1 4 Y3 ,r`�I°j°r kZ9�- SVn z� So_�Z 3 t�°o�F jIva $u N N� � 2irz 0r q ark �� 3tp YI Wr°�R �9�� O uaF `� =M°Oo F�0�N e�RB F M71A2W7 Y.7o TO .r_g7I .v airwai.vy as n.i ... •.r , ..r" �i • r � Q � V 11 ea fl k :Ij ii t*rik1ii1 4 }d'I jLJ114fl r. if jP'I L iIlikHt J Ji tIII Jr I i p J 1 • c Tr ; II 1 "— I I 9 8s/ OL• I -_ ---- - - LLi— I �. �i•se os �� 1� �-} 'il/I v1-- O un N 1 \ 1 h h ti 0 i \ 1 \ 1,31/h / 1 I 1 b/ 0' /-' a,` f' � ` J _D-� �;/ � JI! m 1 r 1 Q /II )))Qf �n 6 NV cf' Q4 L q 3H87 P.ESOLUTION NO. '' 1 Yi#tEA3, thy► Board of Supervisors has from tttce to time accepted various deedla conveying real property and/or interest therein and/or easements thereon for county pu road :r;posss sin" the .af ctivete ofd the 1955 amendment to Suction 941 Streets & Cod�a W BAS, itwas the intention of the Board a -r Supervisors to acoept the public and/or private roads described in saiddeed» into the county road system; end it ILLS, although. the Board feels that 8ub3tsntial compliaz co has been beattthat theoBos' d*S intes of ntiond ection should9be' as madeamo e it o.pp . . oert in. NOW _'hREI�O E, :�E IT B SOLVED BY TB,S BO111D OF SUPERVISORS OF m Ci76 TY OF NEVADA, STATE OF C.ALIMNIA, as follows: That all real property and/or interest th-arein and/or ea.tnemenr s thereon heretofore convoyed to the County of Nevada by deeds which have been accepted by the Board of Supervisors subsequent to the 1955 amendment to Section 941 Streets & HighxaY8 Code for county road purpose were intended to t,e accepted by said Board of Supervisors into the county road system, and all of .said :real property -and/or interest tbarein and, /or easements thereoft so • conveyed to and accepted by t o3oard of Supervisors are .hereby accepted. into the county road systar► as at the date of the respect- ive s.ocept ances of the several conveyances. ADOP7'EB ,AS A RESOLUTION OF OF i VADJ 'at an adjourned .of September. 19f►2, by the THE BOARD OF SU:' :3ViSORS OF TEE COUNTY regular mEeting thereof on the 19th day followinl; vote: SUPERVISORS, Ayen: R.ICF-Y_Z". 'ISHOI; czU,--:RvISORS, Noes ' SUPERVISORS, Absent: Gti,w- Chu r rd of Su;pery sore it 3 a-ni{ Attest / erk of asid loard�r� i �.�.. tpQ PSOLGTION tS� - BOARD OF SUP MUISOF_S3 COUNTY OF NEVADA, STATE OF CALIFORNIA V. RESOLUTION: 58-18 WHE1 AS, Section 2121 of the Streets tu'd Highways Code provides that in May of Each year, each county shall submit to the Department of Public Works, any additions or etc. elusions from its mileage of maintained County roads, specifying the tormini and mileage of each route added or excluded; and WHJsREAS, Section 2004 provides that changes may be made from time to time in the County's Primary System; and id136REAS, 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 miles; and the total mileage of primary roads was 146.87 miles end WHgBE.S, the County now finds that the total mileage of maintained County roads is .4.61.93 miles and that the total mileage of primary roads is 146.$7 miles; THEREFORE, it is resolved that the mileage of maintained and primary County roads certified i1ay 1, 1958, be corrected in accordance with the indications in color on the ac- cmpaiying nap (s) narked 1 thibit A and in accordance with the additions or corrections to the attached tabulation marked b>shibit I3, both exhibits being hereby ;:u:de part of this resolution. Regularly passed and adopted t'zis Ist. Day of May - 195t?. AYES and in favor of said Resolution: Supervisors Smart, Bishop, Coughlan, Robinson, and Loehr _ I;OES and against said Resolution: Supervisors None ABSEENT: Supervisors None ATT.ST: Chairman, Board. 7o :7upervisor3 _.. County of evada State of c11ifornia .; Stu v c4�/ • Clerk of Said Board. The following are attachments that were omitted from your agenda packets in regards to agenda item 7.1 Council Meeting Mayl, 2003 Apr -25-03 O2:15P RHRC O3/2G/03 TOE 16:18 FAX 03O Z05 1234 SI 530 544 5053 NEV CO 8D SUPV . -- P_O3 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF NEVADA JESOLUTION ESTABLISHING A COUNT SERVICE AIiFA FOR BILTZ TRACT, TRUCKEE, CALIFORNIA., To B5 KNOWN As coin SERVICE AREA t o . 6. (SECTION 25210.18 OF THE GOVEBI NT CODE). WgEREAs, a petition has been duly filed by one of the ow ers of BILTZ r ACT with the executive officer of the Local Agency Formation Coiisaion of Nevada Co>mty, State of Cali- fornia, to foraz a county service area; and WREA5, the Local AgencyFormation Commission has held a spacial b2aritg, received the report of the executive o€fi_oer for the Cou i'ssios, and n11 other evidence necessary; and '47RKREAS, the Local Agency Formation C==:LSSion has adopted a Resolution rocors r►dina the foz-wation of this Co*mty Service Area; and WHEREAS, two members of this Board, in accordance ciith Section 25210_11 of the Government. Code, filed a written request that this Board on its owsa initiative farm said County Service Area; and WR B.R S, this Board, in accordance with the tsrnns of Section 25210.15 of the Government Cods, passed Resolution No. 73-11, which Resolution sec a public hearing to be held by thin Board, on March 13, 1973, at 10:30 a.ui., in the Board Room, Nevada County Courthouse, Nevada City, California; and WE REAS, a public hearing was duly held, after notice had been given of sold hg asp prsscribrd by the laces of the i j 003 Apr -25-O3 02:15P RHRC 03/25/03 TUE 1618 FAX 530 203 1234 State of Celiforz ia._ 530 544 5053 NEv Co SD SUP'. -.-- TRUCKHB l4OW, ,THEB.EFORR, BE IT RESOLVED AS FOLLOJS: 1. The Board derermiues that a County Service Area should be formed for the area described in EXHIBIT "A" attached hereto. 2. The name of said County Service Area shall be "COUNT SERVICE AREA NO _ 6" 3. This County Service Area i.e ford to provide an extended County service for snow removal. 4. The Clerk of the Board is directed and authorized to eeud a certified copy of this Retollttion to the Director of Public Worke and the Asseesor. 5- The Director of Public Works and the Aeseseov of P_04 Nevada Cotmcy are directed and auchozised to comply with the provisions of Section 54900 through 54915, where applicable, of the Government Code of the State of California. [9J004 PASSED AND ADOPTED dy the Board of Supervisors of the County of Nevada at a regular meting of said Board, held on the 13th day of March , 1973 by the following vote of said Board: ATTEST TMEo A. KOHLER. Je. Couny Clerk cnd ex.0 icto Ciark of +ha 800rd f Supe+�:sor■ 9y Dopu*yr Clwi Ayes: SupsrvlaoraaSplid>quwrr. Thomas L. Tumor, Robolt W. toe n File , v{lilawn F. Curran. Neols: A6see*t Ralph B non Ct�drman -2- awrcopE9 - 7 T 3-14-73 D. .w_ 6S6 .F. O. O u azia 530 544 5053 P.05 Apr -25-03 02:15P RHRC 03/25/03 TUB 18:19 FAX 530 265 1234 NEV CO 8D, SL?P�►.: .• y- '. TRUC$ .,.�a;: r.-.Z.r>•. 405,., .:. r.���.. All that noYtiof of the -"13i:Lta Tract" an ahoun o>« the Svbd� nio;y ;`. p: 'clad in Book 1 of Subdivisions at Page 103, aild loca tore ill the 1] .1:;.1 /4 of Section 18, Toyrnsh .p 17 North; anryc .16 L.5t, !::i).B b;.i-, Nevada County, California. Ben at the northeast- corner or -Lot 1 of Block C of t'rie 1,rj-lta Tract", thanes Southerly alwig the: eaaterl.a. ,. 1100$ of-11rouser DriveLots 10 and 1 or Block B of the "Bills Trzcz" to the c:. rner o' Lot. 1 of Block B; thence:•5outhesturll to thc. northeast corner of J,.ot 1 of Block A of tlsg' I31; ; Tract." thence Sol:.)••:crly along the easc. line of Lot i of Block :11 to a point in the northeasterly line of thg' State of California Prop�:rty caving identical to the northeaste1•ly line ' of Richard& Blvd..1 Co'urty'.'„ i:o:.d ::unber 716, -thcncc 1forthwaciterly along eid- norrbazsterly lids;: of F.iebards 91vd- to a point in the. couthoaetarly' line of Lot 1 of Bloc!_ A of the "3ilte Tract"; thence' Northeasterly, along the'.:: sout}:eoctorly 1=ue of Lot 13 to the isost easterly corner of - Lot 13 anal t!!e sout?':C:r ly line of Sierra Lrive, thence :iesterly s,1ori� t e northerly line of Lots 13 and 1l+ td the aoutharly line of Sierra brit e to the •1ortacstcorner of Lot 14of, ≥lock A of • the "Lilt: i-'ct1', thw1 o i'6rt1eSterly to the Southwest corner of Lot 13 of a? ac;•: C of the "Biltz Tract"; thence \ortherly along the. rest Iii of Tot 13 to the r_ort'mesr. corner of Lot 13 of rBlock,C; 17.c+flce s74nvtorly s].onr_ the northerly lingo of Lots 13. 12, 11, • 10; 1j, 8, 7, G, `j,' 1y, �, 2, and 1 or BloL•k; C of the "Silts Tract)'' ;a tlhc r:O'4 t)tc.%ut 'cncr of Lot 1 of Block 0 an the ,Fount or br-clr�1I: ; 530 544 5O53 P.08 ApIr_ 25-03 02 : 16P RHRC �c I j 00s 03/25/03 T'UE 18 :20 PAX 530 285 1234 NEV CO BD SUM 4. -00 TR H DESCRIPTION CDUNTY SERVICE AREA NO. 8 BILTZ TRACT A portion of the Biltz Tract, as recorded in Book 1, Subdivisions, page 103, official Records of Nevada County, and located in the Northeast quarter of Section 16, Township 17 North, Range 16 East, PL D.M., and being more fully described as follows; Beginning at the Northeast Section Corner of Section 18, Township 17 North, Range 16 East, M.D.U_, also being the Northeast corner of Lot No. 1, Block "E" of said S„bdivisi.oi thence, South 00 15' 20" East 186.57 feet along the East lint of Section 13 tc, t1,e Southeast corner of Lot Na. 1, Block "E'; thence, leaving the East Section tine, South 440 45',West 56.57 feet to the Northeast, corner of Lot No. 36, Block "Ti", said corner being located on the West line of Prosser Drive; thence, South Oo 15' Bast 340 feet along the west.lirte of Prosser Drive to a point on the Northerly lint: of County Service Area loo. 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 West line of County Service Area No. 6 to intersect the Northarl'' line of the State of California property line for Interstate 80, said intersection being at the Northwest -corner of Lot No. 14, Block "A"; thence, Westerly and No:thwearnr1v along the Northerly J4ne of Interstate 80 to intersect the North Section lint Section 18; thence, Easterly along said Northerly line of Section 18 to the point of beginning. Apr -25-03 0216P RHRC 03/25/03 TUE 16:18 FAX 530 265 1234 530 544 5053 P.06 NEV CO ED SUPV. -i... TR1 C E I j 006 RESOLUTION N,. A5S 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 MAINTENANCE OF A SANITARY LANDFILL, ROAD MAINTENANCE AND SNOW REMOVAL TIM. BOARD OF SUPERVISORS OF THE COUNTY OF NEVADA RESOLVES THAT: Pursuaiit to Resolution No. 80-111, a Resolution of Intention to establisa. County Service Area No. 8, adopted by the Board of Super- visors Wit; na h 31, 1980, notice of the public hearing on the estab- lisczt,.of.this County Service Area was given by the Clerk of the Board pursuant 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: Miscellaneous extended services consisting of refuse collection, --operation and maintenance of a sanitary landfill, road maintenance, and snow removal. Apr -25-03 02.16P RHRC 03/25/03 TUE 16:20 FAX. 530 265 1234 T. 530 544 5053 NEV Co BD SUPV. TRUCKER p.07 x007 PASSED AND ADOPTED by the Board of Supervisors of the County of Nevada at a regular meeting of said Boards held on the 5th day of May 19 $Q by the following vote of said Board: ATTEST: MELBA J. POLG .ASE, County Clerk and ez-afficia Clerk of the Board of Supervisors uty Gerk Ayes: Superrisors Dennis H. Hunyada, Robert H. Wilder, Karsten Hanson, Eric W. Road, Francis E. Covert.. Noes: Absent: i Jul 15 04 02:40p Judy Price 530`582-2371 p.1 Sandy Sleski Jean Peterson Charlie White suggested the issues of a Homeowners 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. a 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 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% 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 Regular 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. I own oI 1 rucKee 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 71', May 21St, 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.org. 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 1 rucxee 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. •1 own 01 1 rucKee 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% 01 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 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 15TH 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 Oller 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: TED OWENS, Mayor PATT OSBORNE Town Clerk, CMC Town of Truckee May 1, 2003 Regular Page 9 a TABLE OF CONTENTS 1.0 INTRODUCTION 1 2.0 SITE INSPECTIONS AND PARTICIPANTS 1 3 3.0 RESULTS 3.1 Culvert Runoff From Above and Along Interstate 80 4 4 3.2 Hillside Runoff and Drainage onto West Reed Avenue 4 3.3 Runoff onto Donner Pass Road 4.0 PROPOSED SOLUTIONS 4.1 Culvert Runoff From Above and Along Interstate 80 13 13 4.2 Runoff onto West Reed Avenue 14 4 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 List of Figures Figure 1. Vicinity map of the north slope of Donner Lake above West Reed Avenue, Truckee, CA. 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. 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, Ms. 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 6,250 feet (See Figure 1). The TDPUD also experiences problems with runoff on West Reed Avenue undermining 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 (E. Kashtan, Neil Kaufman, and Glenn Merron); December 31, 2005 (N. Kaufman), May 29 (E. Kashtan and G. Merron), June 6 ((3. Merron and James Merron), June 13, June 19, (Ed Taylor and G. Merron), and June 21, 2006 (G. Merron and Kevin Johnson). The June -l3, 2006 -survey included: 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) In addition to the above surveys approximately 20 e-mail correspondences regarding problematic drainage and erosion in the area were reviewed as background information. The c -mails originate from the Donner Lake Community Association and the Green Point Property Owners -and -were copied to Caltrans, the Town of Truckee, TDPUD, LRWQCB, and other stakeholders. Drainage and Erosion Assessment l July 2006 TDPUD Inland Ecosystems 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. f€! W I ER 7 6 5 4 3 2 1 DDfR LAKE (DYR) PPECTPITRTIDN. II'CRErEN Y dV M UEC 1V .W LV GJ '?I iv Day o= t±L- Month 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 TDPUD 3 July 2006 Inland Ecosystems The following results on surface water runoff and erosion include the hillside below 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 Thgo ese eyrunoff from aboehich discharge noff on the hillside above West Reed Avenue (See Figure 3).ese two culverts convey Icontour lines in Figure 1 icates and along I-80. A review of the frtoopo topographic 80 is conveyed through thesedculverts at a substantial area of hillside runoff The culvert discharging from under 1-80 on the east side of the hillside has been undercut 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. Drainage and Erosion Assessment TDPUD July 2006 Inland Ecosystems 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. Photo 2. Looking downslope along the culvert where eroded material is being transported down the hillside above West Reed Avenue. Photo taken June 6, 2006. Drainage and Erosion Assessment TDPUD T July 2006 Inland Ecosystems 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 Culverts are clogged and one is _ "' "` ���"��` �'� completely buried �`'"'`�� �� = � � ! - with sediment, -~•- r� cobble, and gravel from u hill erosion. 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. Photo 10. A culvert outtall on me souui siuv -1 .. _-� tue does not convey runoff effectively as debris clogs the inlet on the north side of the road. Photo taken May 29, 2006. July 2006 Drainage and Erosion Assessment 10 Inland Ecosystems TDPUD 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. Photo 15. Between the residences of 15214 and 15234 Donner Pass Road runoff was observed sheeting across the road Vehicles kick up both water anderoduring several of the sion sondebristhat can rain storms Kashtan, pers. comm. 2006). impact garages. July 2006 Drainage and Erosion Assessment 12 Inland Ecosystems TDPUD 4.0 PROPOSED SOLUTIONS 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, uhillside the volume of water conveyed by the results in high velocity flowsc causing two culverts above the West Reed Avenue 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. 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. 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 4,2 Runoff onto West Reed Avenue Inland Ecosystems understands that West Reed Avenue is classified by the Town as a "Publicly unmaintained road" which means that homeowners bear responsibility for a review of activities such as snow removal ol and and E omaintenance. stems, there appears ppearsed s to be a differenceils of provided by Ms. E. Kashtan Y opinion between some homeowners and the Town regarding the ownership and responsibility for maintenance of West Reed Avenue. 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. 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 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 and 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. Drainage and Erosion Assessment 14 July 2006 TDPUD Inland Ecosystems For the purpose of this report, Inland Ecosystems has assumed that long term road 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 year towards road maintenance and snow removal, and vote on what road repairs need to 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 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 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. July 2006 Drainage and Erosion Assessment 15 Inland Ecosystems TDPUD Drainage and Erosion Assessment 16 TDPUD Photo 17. A drainage ditch should be established along the north shoulder of West Reed Ave. Photo taken May 29, 2006. Photo 18. Another proposed location for a ditch along the north shoulder of West Reed Ave. Photo taken May 29, 2006. July 2006 Inland Ecosystems 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 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- I-80 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). After 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. 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 The Truckee River and its tributaries are classified as a federal Clean Water Act 303(d) 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, 2-006 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 TIii'tJi) Inland Ecosystems Erosion has occurred on the Cedar Point r� alignment from I- :- 80 culvert runoff . _ -� and needs to be „ . M, repaired and • restored. This drainage channel eroded due to high velocity runoff Photos 21 and 22. Areas along the Cedar Point Pipeline Alignment that require improvements. Photos taken May 29, 2006. July 2006 Drainage and Erosion Assessment 19 Inland Ecosystems TDPUD Photo 23. The TDPUD installed a water pipeline from the Cedar Point alignment downslope to West Reed Avenue in 2004. Photo taken August 2004. Photo 24. Erosion control measures were implemented on the site in September 2004 after the completion of construction. Photo taken October 2004. Photo 25. A photo of the construction area taken on June 21, 2006. No substantial erosion has occurred in this area of the hillside. 4.s-. f 4. 20 July 2006 Drainage and Erosion Assessment Inland Ecosystems TDPUD . . � � � . ..� .v . < � m: «z2»« .�,yy��2.,y< § .: , :, ..§� � � :� 1 � y & \ a .>rs :�� ,w « ! . ..� . .a . ., . .�..�, � »© y ©x»«—, � � � � � � < w:� � , z� � > . . . .� � � m: . . «v � w«9 » n\� .: � .. m � � � 3� : . . 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 to improve drainage conditions and place a culvert at 15324 Donner Pass Road (See Figure I). Inland Ecosystems was not able to verify this apparent action. In an e-mail sent to Ms. E. Kashtan from Caltrans, two improvement projects have been identified along the stretch of 1-80 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. Kia.ni, 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 maintained .and the use of West Reed Avenue by :heavy equipment 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, TDPUD, 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. Longterm 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: July 2006 Drainage and -Erosion Assessment 22 Inland Ecosystems TDPUD ATTACHMENT 1 February 2003 Letter Sent to Caltrans from Ms. E. Kashtan Frvj4Einilie Kasftan To: Anne Grogan Sent: Sunday, February 23, 2003 3:23 PM Subject: Cal Trans Letter To: California Department of Transportation Jody Loneigan, District Director -District 3 I. 7038. St. Marysville, Ca. 95901 Re: Drainage Problems off of Interstate 80, above West Reed Avenue in Truckee California 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. 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 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 were the rainage on the hillside and on to vea re andcdown to Donner Pasncerned and s Road. Hening t said that he felt that the property owner's e request st 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 review. We met at 11 a.m. and I found Mr. Lopez to be receptive to listening to the drainage and damage concerns regarding. Interstate 80 and West Reed Avenue. I also informed him of a Town 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'tagreement o cover any damage to West Reed nor drainage improvement on that Road. wn". I further understand that this cost d Since The Town and Cal Trans have elected to meet and negociate 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 West Reed Avenue. To be specific, when alterations or improvements on upstream property discharge increased volume and velocity of surface water that is concentrated in limited periods 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 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 Avenue. West Reed Avenue was left looking like a fractured egg. Only recently has a section of 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 readdress the engineering and existing deteriorating structures and correct the current drainage problems, now almost half a century later. That Cal Trans was both verbally and in writing notified of drainage problems in July 2000, yet have yet to respond or take action is also of concern. I was told that there is a 30 or 45 day period requirement to respond to complaints and identify action to 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. Trans to address the drainage and communication failures?", I 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 ATTACHMENT 2 Shaw Engineering Report October 2002